
Class 



Book B( .3 



:^ 






ARCHIVKS 



STATE OF NEW JERSEY. 



FIRST SERIES. 
Vol. XIII. 



This volume was prepared and edited by authority of the 
State of New Jersey, at the request of the New Jersey His- 
torical Society, and under the direction of the following Com- 
mittee of the Society : 

Nathaniel Niles, CA'w, 
William Nelson, 
Frederick W. Ricord, 
Garret D. W. Vroom, 
William S. Stryker. 



DOCUMENTS 



RELATING TO THE 



COLONIAL HISTORY 



STATE OF NEW JERSEY, 



EDITED BY 

FREDERICK W. RICORD and WM. NELSON. 

r ;■ 

VOIvUMK XIII. 



Journal of the Governor and Council. 



VOL. I. 1682—171-4. 



TRENTON, N. J. : 

The John L. Murphy Publishing Co., Printers. 

1890. 



/A 



'^ 



PREFACE. 



This volume contains the Journal of the Governor and 
Council of East Jersey from December 1st, 1682, to April 
29th, 1703, both dates inclusive, and covering the whole 
period of the Proprietary Government by a Governor and 
Council. The original manuscript volume containing this 
Journal is a stout folio, well bound in old sheep, and is in 
perfect preservation, except that a part of one leaf has been 
cut out, as noted on page 16 of this 'book. The very exist- 
ence of the Journal had been forgotten, as it was not in the 
State Library, nor elsewhere in the State House. One day 
in the year 1870 or 1871, a former manservant of a deceased 
New Jersey statesman came into the office of Mr. Garret D. 
W. Vroom, in Trenton, with a great bag of books, which he 
said he had gathered together in " clearing up " the house 
and office of his late employer. Mr. Yroom asked him to 
empty his bag and show what he had, which he promptly did. 
The first volume to tumble out upon the floor was this Jour- 
nal, from 1682 to 1703 — a book of priceless value, as it had 
never been printed nor even copied. Mr. Vroom immedi- 
ately deposited it in the State Library, where it is now kept 
in a fire-proof safe by the careful State Librarian. The 
State caused it to be copied and printed in 1872, but the 
copyist being unfamiliar with the peculiar chirography of 
the seventeenth century, many errors crept into the printed vol- 
ume, and the lack of an index still further impaired its value. 
As the New Jersey Historical Society proposed to print the 

(v) 



VI PREFACE. 

whole of the Journal, from 1703 to 1776, it was deemed 
best under the circumstances to reprint this portion. S(t far 
as ordinary type will admit, every peculiarity in the original 
manuscript has been scrupulously reproduced here. One 
exception is the case where a character closely resembling "^ 
is very frequently used for the syllable per, pre or pro. 
These syllables are printed here in full. The use of this 
contraction led to many errors in the edition of 1872, notably 
in one case where the word impiously was transcribed and 
printed as impiously, instead of imperiously ! The original 
manuscript is for the most part in a very clear and neat 
court-hand of the period. Other portions are in different 
handwriting, not so easily decipherable. The ink, though 
faded, is still distinct. A good idea of the manuscript is 
given in the frontispiece herewith. 

The present volume also contains the Journal of the 
Governor and Council of the Province of New Jersey, from 
the surrender of East Jersey and West Jersey to the Crown, 
and their union as one Province under a Governor and 
Council appointed by Queen Anne. The records of this 
body do not appear ever to have been printed. Undoubtedly 
the original record was kept in the Province, and an authen- 
ticated copy was regularly transmitted to England by the 
Governor for the time being. What has become of the orig- 
inal Journal it has been impossible thus far to ascertain. 
From 1703 to 1776 it would fill six or eight folio v^olumes. 
It has been conjectured that these records, with other papers, 
were carried off by Governor Franklin when he was conducted 
from New Jersey to Connecticut. What became of his papers 
is unknown. It has also been suggested that possibly the 
Secretary of the Province in 1776 might have retained these 
records. Search in the New York State Library, at Albany, 



PREFACE. Vll 

has failed to reveal the missing Journals. It is true that they 
may have been destroyed during the troublous times of the 
Revolution, or they may have gone the way of waste paper 
at a later time, but the unexpected turning up of the earlier 
Journal, from 1682 to 1703, shows that it is possible that the 
other records may yet be found reposing upon some shelf or 
in an out-of-the-way corner in some ancient house in New 
Jersey. For lack of the originals, recourse has been had to 
the contemporary copies sent to England by the Royal 
Governors, now preserved in the Public Record Office in 
London. Copies of these copies were procured by the New 
Jersey Historical Society some years ago through the agency 
of the late Henry Stevens. They fill twelve large portfolios. 
The printed sheets of this volume were sent to Benjamin F. 
Stevens, whose familiarity with the public record offices of 
Europe is unequaled, and he has caused them to be compared 
with the copies in London, and has noted every deviation, no 
matter how slight, from the records there. The appended 
table of Errata and Addenda gives the result of this careful 
comparison. 

It will be observed that there is a hiatus in the Journal 
from August 20th, 1703, to December 20th, 1708. Much 
eifort has been made to discover whether any records existed 
of the transactions of the Governor and Council during this 
period, and if so, where they might be found. 

B. Fernow, the accomplished historiographer of New York 
State, wrote in reply to an inquiry on this subject : " I find 
that Lord Cornbury went to NeAV Jersey on public business, 
from June 19th to 29th, 1702; August 10th to 31st, 1703, 
to publish his commissions ; November 9th to December 23d, 
1703; August 28th to October 6th, 1704; November 7th, 
1704, to February 6th, 1705; May 8th to June 9th, 1705; 



Vlll PREFACE. 

April 22d to June 19th, 1707; probably from April 27tli to 
June 22d, 1708, and from November 2d to 16th, 1708. 
This is from the New York Council minutes. It is therefore 
probable that he sat with the New Jersey Council during 
these various periods, and that the minutes must be in New 
Jersey." 

Benjamin F. Stevens writes from London : " Now for the 
serious part of your letter — the missing volume of your 
Journals, 1703 to 1708. When Nova Csesarea was annexed 
to the Crown in 1702, a great many disputes followed with 
the Governor, and I think there is evidence that the missing 
minutes were never retained by the Board of Trade, but were 
laid before the Queen and not returned, because in the strictly 
contemporary arrangement and binding of these minutes, 
those for 1703-8 are not included in the lettering, viz., 1702 
and previous are tabbed 'A,' 1709, &c., ' B,' &c. I suggest 
the possibility of their being at Windsor, but the chance is 
small of ever finding them. 

" Mr. Hubert Hall, the efficient officer at the Record Office 
in the Government search department, has been through 
everything in the Record Office, whether Proprieties, Planta- 
tions General, or New York, or America and West Indies, in 
the hope of finding your volume out of place. He has 
always found the red tabs of the State Paper Office clerk 
who was responsible for the material of the printed records 
of New Jersey. 

" Cornbury was Governor of both New Jersey and New 
York 'pro tem., and search in this direction did not disclose 
your volume. 

" The Minutes of Council are stout folio despatches of 
various length and thickness, each mounted on guards and 
bound (in contemporary vellum) some dozen in a volume. 



PREFACE. IX 

" I have seen no printed ones of New Jersey. Those in 
the Record Office were, of course, transcripts of the original 
Journals of the Council transmitted in the Governors' origi- 
nal despatches and taken out of those to be bound in a 
separate series. 

" I cannot yet answer your old conundrum about William 
Franklin's papers. I am looking for them." 

The original manuscript " Journal and Votes of the House 
of Representatives of the Province of Nova Csesarea or New 
Jersey in their first Sessions of Assembly" at Perth Amboy 
begins November 10th, 1703, and continues until December 
13th, 1703, covering twenty-two closely- written pages. The 
second session, held at Burlington, began September 1st, 1704, 
and continued until December 12th, 1704, the Journal cov- 
ering thirty-five pages. On page o9 of the same volume 
begins the " Journal of the House of Representatives for the 
Province of New Jersey in the 2*^ Sessions of their 2^ As- 
sembly held for the said Province Begun at Perth Amboy y* 
15'^ day of October 1705," continuing until November 8th, 

1705, and covering eight pages. The "3** Sessions of the 
Second Assembly " began at Perth Amboy October 25th, 

1706, but there being no quorum, was adjourned from day 
to day until November 1st, 1706, and in fact did not meet at 
all. The first session of the third Assembly began at Bur- 
lington, April 5th, 1707, and continued until May 16th, 1707, 
covering fifty pages, many being filled with speeches of the 
Governor and the replies of the Assembly, on the numerous 
matters of controversy between them. The same Assembly 
met again at Perth Amboy, October 23d, 1707, and continued 
until October 31st, the chief business being the adoption of 
a scathing arraignment of the Governor, who thereupon 
adjourned them until the second of April ensuing. The next 



X PREFACE. 

session began May 5th, 1708, continuing until May 12th, but 
the body being " Factious & mutinous and would do noth- 
ing," Cornbury adjourned them until September. The Jour- 
nals up to this date cover 149 pages, less a few blanks. 
They tell of bills passed, of frequent conferences with the 
Council, of the action of that body upon bills, and generally 
of the doings of a Legislature, with both branches simul- 
taneously sitting. The inference is inevitable, that the 
Council sat, and that a Journal was kept of its proceedings. 
The Assembly minutes from 1703 to 1709, and probably 
later, were evidently kept on loose sheets of paper, which 
were folded lengthwise and ultimately bound up with other 
sheets on which the minutes were continued. If the Council 
minutes were kept in the same way, the loss of a portion is 
easily accounted for, although it would not explain the fail- 
ure of the Governor to transmit copies to England.^ It is 
possible that Lord Cornbury may have retained the original 
Journals and taken them with him on his return to England.^ 

A word as to the system of editing these records : It was 
deemed safest to print them precisely as found, errors and 
all. In some cases a letter or a word has been supplied, but 
these are always enclosed in brackets. 

The usefulness of this volume is greatly increased by the 
full index prepared by Judge Ricord. 

It was not thought wise or necessary to add many notes. 
For those inserted Mr. Nelson is responsible. 

1 Some notices of the sittings of the Assembly from 1703 to 170S will be found in 
N. J. Archives, III., passim. 
= See N. J. Archives, III., 357. 



ERRATA AND ADDENDA. 



[Note.— "F" is generally represented by "fif," and there are frequent variations 
in spelling proper names. "Sonmans" is almost invariably written "Sonmons.'] 

Page 301.— The volume in England is endorsed on the fly-leaf: 

New Jersey 

MiNtiTES OF Council 

From ye 14th August 1703, To ye 17th of Novr 1719 

Minutes of Assembly 
From ye 10th November 1703, To ye 28th March 1719 
" 302.— Line 10 from bottom, for " Swaring " read " Swearing." 
" 303.— Line IS, for "be" read "bee." 

Line 19, for "Pleas" read "Please." 
Line 21, for "Plees" read "Pleese." 
Line 23, for " Supreme" read " Supream." 
•• 306.— After second column of list of Councillors insert brace and " Esqrs." 
" 307.— Line 13 from bottom, after the word " Collecting" insert the word "of." 
" 311.— Lines 1 and 3, for " Trotwell " read " Fretwell." 
" 318.— Line 2, for " Kaighn " read " Kaighon." 
" 330.— Line 2 from bottom, for " Quary " read " Query." 

" 331.— Line 5, for "Kes " read "Rescarrick." 

Line 8, for "Aron " read "Aren." 
Line 9, for " Mahwtatatt " read " Mahwtahatt." 
Line 10. for " Feetee " read " ffeetee." 
" 333.— Line 4 from bottom, for "Quarry " read " Quary." 
" 339.— For "the first day of June 1709" read " this first day," etc. 
" 341.— The fifth paragraph, "Ordered that the address," etc., should be trans- 
posed to follow the eleventh paragraph. 
" 354.— Lines 10 and 11 should read, "with the Words and Representatives of 

the Provinces of New Jersey." 
" 364.— Line 10, for •' Grover " read " Graver." 

" 366.— Line 7, for " one " read " our," although the former is evidently correct. 
' ' 373.— Line 17 from bottom, insert ' ' John ' ' before ' ' Radyard. " 
" 396.— Line 1, for "of " read "or" (as in brackets). 
" 410.— Line 15 from bottom, after the word "Amendments" insert the words, 

"And the said Bill being Read the third time." 
" 411.— Line 12, for "Setting" read "Sitting." 

" 421.— Line 8 from bottom, the name printed "Beaudinott" looks in the origi- 
nal copy very much like " Berendinott," but the former is undoubt- 
edly correct. 
'• 425.— Line 14, " fol : 10 " should be in the left-hand margin. 
" 432.— Line 13, for " Readd " read " Heard" (as in brackets). 
" 486.— Line 8 from bottom, insert "and " (as in brackets). 

•■ 490.— Line 9, for "advised" read "ordered." On this and succeeding pages, 
for "Hamilton" read "Homilton;" for "Bass" read "Boss;" for 
"any" read "ony." 
496.— Line 12, for " Carle " read " came " (as in brackets). 
Line 2 from bottom, after "in" insert "trespas." 
" 501. — Line 7, for " was desired " read " wos directed." 
" 503.— Line 2 from bottom, for "order" read "ordered." 
" 512.— Line 10, for " from " read " for " (as in brackets). 

Line 6 from bottom, for " Request " read "Report." 
" 516.— Line 16, for " advised " read "ordered." 
" 521.— Line 6 from bottom, after "hundred" insert "&." 

" 526.— Lines 3 and 4, for "Brian" and "Bryan" read "Brion" and "Bryon." 
" 535.— Line 1, for " Friday " read " Fryday." 
" 541.— Line 5, for " the " read " they " (as in brackets). 

(xi) 



*RECORD OF 

THE 

GOVERNOR & COUNciii 

In 

EAST JERSIE 

ANNO — DOM 

1699 

Righteousness Exalteth a Nation 



Concordia res parva crescunt 
discordia magna labuntur 



* Title stamped in bold letters on the side of the leather cover. There are two 
more lines appended, apparently of a date, in Latin, but they are illegible. 



The Journall of the Procedure of the 
Governor and Counclll of the Province 
of East New Jersey from and after the 
first day of December, Anno Dmni 1682. 

The Governor and Proprietors of the Province East 
New Jersey To our trusty and well beloved Collonell Lewis 
Morris Cap' John Berry Cap* John Palmer Cap' William 
Sandford Lawrence Anderson and Benjamin Price send 
Greeting Wee being well Assured of every of your Capacity 
wisedome prudence and Integrity in the management of the 
publick affaires of the said Province have made choice of 
Constituted and appointed and by these presents doe make 
choice of Constitute and appoint you the said Collonell Lewis 
Morris Cap' John Berry Cap' John Palmer Cap' William 
Sandford Lawrence Anderson and Benjamin Price and every 
of you to bee of the Councill for the management of the 
publick affaires of this Province and to bee Assistant to the 
Governor or Deputy Governor of the said Province in all 
debates Consultacons Resolucons and procedures as well in 
the Councill as in the generall Assembly of this Province 
and otherwise and in all matters causes cases and things 
belongeing to the office and place of a Councellor you and 
every of you are to doe and Act to the best of your skill 
knowledge and discrecon and according to our Instrucions 
and the lawes and Constitucons of this Province. Given 
under the seale of the said Province att Elizabeth Towne 
this tenth day of December Anno Dmni one Thousand Six 
Hundred Eighty and two Annoq RRs Carli Scdi Angl &c 

^^^""°- Thomas Rudyard. 

Province of East 1 The Subscripcon of the Councill the 28"' 
New Jersey— /day of y* 12"'° called ffebruary 1682 

Wee and every of us whose names are hereunder written 
Doe Severally and each for himselfe Solemnly promise to 



4 NEW JERSEY COLONIAL DOCUMENTS. [1682-3 

beare true Allegiance to the King of England his heires and 
Successors And to bee true and faithfull to the Interest of the 
Lords Proprietors of the said Province and to their heires 
Executors and Assignes and Endeavor the peace and wellfare 
of the said Province And that every of us respectively now 
being of the Governors Councill shall and will to the best 
of our Judgement and att all times tl'reely and ffaithfully give 
our advice to the Governor for the good management of the 
publick affaires of this Province And shall not nor will not 
reveale directly nor indirectly to the Injury or prejeduce of the 
Governor and Lords Proprietors any matters as shall bee 
debated in Councill or Committed by them to our Secrecy 
But in all things doe and act as true and ifaithfull Councill- 
ors when thereunto required 

Lewis Morris John Berry 

J. Palmer Laurence Andress 

W" Sandford Beniamine Price 

Att a Councill held the day and year above written 

P'sent The Deputy Governor 

Coll Lewis Morris 
Cap' Palmer 
Cap' Sandford 
Benjamin Price 

The bookes and papers relateing to the publick concernes of 
the said Province and which Cap' Vickars the late Secretary 
had delivered to the Governor now brought here and Inspected 
which are as followeth viz' 

1 One bound booke writt by Cap' Bollen late Secretary 
deceased one Side Entituled the Reccord of Lands from the 
yeare 1665 to the yeare 1677 the other side of the book En- 
tituled Reccord of Articles Conveyances and Leases for 
Land <&c. 



1682-3] JOURNAL, OF GOVERNOR AND COUNCIL. 5 

2 One other bound booke writt and Entred by the said 
Cap' Bollen Titled on one Side Reccord of those that have 
taken and Subscribed the oath of Allegiance to the King and 
fidelity to the Lords Proprietors of New Jersey Anno Dmn 
1665 the other side of the book titled the Reccords of Con- 
cessions Warrants &c granted by the Governor of New Jersey 
Anno 1665 

3 One other bound booke writt and entred by Cap' Bollen 
Titled Reccord of Warrants for the layeing out of land and 
the Surveyors Certificates Anno 1675 1676 The other side 
thereof titled Reccords of Pattents for Land Anno 1678. 

4 One bound book writt and entered by Cap* Vickers the 
one Side conteyning 15 folios being the Entry of the Retorns 
of Survey es Indian Pattent and Inventoryes of Estates of 
persons deceased The other Side Containeing fol 36 being 
the Entry of Indian Graunts the Governors Pattents for 
Land and Entryes of the present Proprietors Deeds for this 
Province and Some other matters. 

5 A paper book not bound but about a quire of paper 
Sticht up and writt by Cap' Vickers one fol and a peece of 
the Retornes of Surveyes and a license for a marriage entered 
in a leafe att some distance from the former. 

6 A Trunk of Cap' Bollens papers putt into order by the 
Governor Clerk and Cattalogued— but whether all not known 
the said trunk being broke open and the papers promiscous 
when delivered— The trunk were Cap' Bollens papers and all 
bookes entred by Cap' Bollen were by the mutuall consent of 
the said Governor and Councill and also the Deputyes in 
their last Assembly sealed up in the said Trunk as this 
Councill is Informed broke open by Cap' Vickers & al with- 
out consent of the Deputyes. 



6 NEW JERSEY COLONIAL DOCUMENTS. [1682-3 

Att a Councill held the first day of the 1'' moneth called 
March Anno Dmni 168f. 

P'sent Thomas Rudyard Deputy Governor & 

Proprietor 

William Penn \ 

o n /-, r Proprietors 

oamuell Groome J ^ 

Coll Lewis Morris 

Cap* Berry 

Cap* Palmer 

Cap* Sandford 

Lawrence Anderson 

Benj° Price 

The Deputyes of the Province appearing — the proprietors 
Deed of purchase from the Executrix and Trustees of S"^ Geo: 
Carterett deceased — as also the letter from the Governor and 
proprietors to the Inhabitants of this Province and also the 
Depty Governors Commission were openly read and shewed 
to the Deputyes — After which were directed to choose their 
Speaker and Clerk in order to present them here — And with- 
drew. 

It's Agreed that George Jewell bee the Messenger of the 
Councill untill further order. 

It's agreed that the Messenger of this Councill forthwith 
summon Cap* Vickars to appear before the Councill — 

Cap* Vickars came here before the Councill and being 
desyred to deliver up the seales and papers — hee answered 
that as to the seales hee hath them not but that they are in 
the hands of the Widdow Carterett* And as to the papers 
and publick concernes of the late Governor and Councill in 
his hands power and Custody hee shall deliver them up to 



•Elizabeth, widow of the late Governor of the Province, Philip Carteret, who, 
after her husband's death, December, 1682, continued to reside in Elizabethtown, 
"occupying for a considerable time, and claiming as her own, in her husband's right, 
the government house and property."— iSx^^d'* Elizabethtown, 213. It does not ap- 
pear that Elizabeth, widow of Sir George Carteret, one of the first Proprietors of the 
Province, and after whom Elizabethtown was named, was ever in New Jersey.— W. N. 



1682-3] JOURNAL OF GOVERNOR AND COUNCIL. 7 

the Governor and Councill — and that they bee given up by 
him forthwith 

and a Solemme Attestacon under his hand that directly or 
Indirectly hee hath retained none which hee hath not deliv- 
ered up, either in his own Custody or in the power or Custody 
of any other person by his order or for his use — And upon 
further debate hereof it is agreed that Samuell Groome one of 
the proprietors and Cap' Berry see the papers secured — And 
Cap' Berry and Samuel Groome are also ordered that they 
desire the Widdow Carterett to send here to the Councill the 
two seales of the province one used in the tyme of the joint 
proprietors'p of the Lord Berkley and S"" George Carterett 
and the other in the tyme of the proprietorship of S"^ George 
Carterett — and which were made use of in the time of the 
late Governor Cap' Carterett. 

The Deputys comeing were called in to the Governor and 
Counc — presented John Bound for their Speaker and Isaac 
Whitehead for their Clerk who were approved of by the 
Councill — The Speaker acquainted the board that there was a 
want of their Deputyes viz Coll Morris who was Elected for 
Shroesbury — Agreed that a new writt be Issued out for the 
choice of a Dep'ty to Serve in his stead. 

A peticon of Jn° Inions and Joseph Benbriggs read — the 
purport thereof requesting y' lands which they and theire 
Associates had purchased of the Indians which had by the 
late Surveyor Generall been Surveyed and a retorne of the 
Survey made into the Secrettaryes office might be pattented 
according to the said Survey — on perusall of the bookes it 
appeares that warrant was granted to lay out for the peticon- 
ers & Associates 30"^ O"" 1681 6000 Acres and that the Sur- 
veyor had layd out 7680 Acres and had not reserved any 
Sevenths to the Proprietors — The further Consideracon 
thereof is deferred until to morrow morning 

And the Councill Adjourned to the Eight houre tomorrow 
morning. 



8 NEW JERSEY COLONIAL DOCUMENTS. [1682-3 

Att a Councill held the 2** day of the first month called 
March Anno Dili 168f 

P'sent Tho Rudyard D Governor & Pr'pr 

William Penn & \ _^ 

rPrpi 



Sam" Groome 
Coll Morris 
Cap' Berry 
Cap' Palmer 
Cap' Sandford 
Law: Andress & 
Ben Price 



)rs 



} of the Counc. 



Capt Berry reportes hee has received from Capt Vickers 
severall paprs of publick Concerne w"'' Capt Vickers affirmed 
was all hee had relateing to goverment and publick Concerne 
of the Prvince — 

A bill sent here by the Deputyes to voyd all Courts and 
Prceedures in this Prvince since the 2*^ November 1681 — 

A message here alsoe from the Deputyes — Wee are sent by 
the house of Deputyes to lett yo" know that wee have Con- 
sidered of the Conveyances and Coinissions yesterday read — 
And are satisfied w"' the reasonable and legall prt of them 
saveing unto us our rights and desire a faire Correspondence, 
then the Deputyes desire to know what's become of the pub- 
lick records books and paprs w'^'' were by the Joynte Consent 
of the late Governor Counc: and Deputyes att the session of 
the late Assembley sealed up and secured — They w"'drew — 
Coming in againe A reporte was made to them what was yes- 
terday don w"' Captn Captn Vickers — and alsoe accompt 
what books and paprs have bin rec*^ and in what Order but 
hy whome or how the same were broken up wee know not 

Sam" Groome and Captn Berry Desired to goe to the Wid- 
-dow Carterett and demand of her the scales and to bring w"" 
them Captn Vickers — 

Capt Vickers here, A question askt who opened the 
Records books and paprs 



1682-3] JOURNAL OF GOVERNOR AND COUNCIL. 9 

Ans : That the Governor and prt of his Councill Ordered 
them to bee broke up and were by them broke open in prsence 
of two freehold^^ and then a Catalogue of all the Irrasures 
and Interliniacons made in the books or Entreys— Vickers 
ordered to w'Mraw— whereupon he delivered here the late 
seale of the Prvince vsed in the Prprietorship of S^ George 
Carterett — 

Sam" Groom and Cap' Berry reports that the Widd Car- 
terett solemnly affirmed there was no other seale to her 
knowledge — 

Cap' Vickers Cald in againe 

These questions askt him by the Councill — 

1^' Wherefore the Deputys were called in to seale up the 
Records 

2 Why broke open w"'out them 

3 Whether they are in the same Condicon as they were 
when sealed up — 

The first question wav'd by Cap* Vickers— 

To the second hee answereth that the Deputyes had not the 
Constitucon of the Secretary nor keeping of the Records they 
had not power of them neither ought to bee concerned w"' 
them in his opinion — 

To the third he would prduce the Catalogue of Irrasures to 
evidence that the books are not abused— and then w'Mrew— 

Sam" Windor and James Graham p'^sented here a peticon 
w**" their former Case here p'sented w'='' being read— It's 
agreed that it bee fyled— And that Capt Brockhouse* and 
other the prsons concerned have notice thereof and Coppy of 
the Case and peticon that a heareing between the prtyes may 
bee in Convenient tyme had 

Captn Vickers againe cal'd in brought here the Catalogue 
of Irrasures — 

In fol 60 of the book of Entryes of pattents in the margent 

~^pt. Anthony Brockholls, of New York, who in 1695 bought, with Arent Schuy- 
ler and others, a tract of land extending from the present city of Paterson to Pomp- 
ton.— IF. X. 



10 NEW JERSEY COLONIAL DOCUMENTS. [1682-3 

ag* the pattent made for 2000 Acres to Rob' Vauquellin, upon 
examinacon there appeares an irrasure on v}"^' is writt 1674 
Hackinsack — Wee finde on examination that this irrasure and 
writeing was not notified by the Catalogue of irrasures — and 
Captn Vickers being here prsent alledged that hee beleeved 
the same to be an irrasure — but was not there when hee 
Received the books — 

John Inions and Joseph Benbridge came into the Councill 
board and after the debate and Consideracon thereof by the 
Prprietors alone and alsoe in Councill The result was that the 
said John Inions and Joseph Benbridge and associates should 
have pattents for the land according to the Prportion mentioned 
in the warr' for Survey in fol 142 viz' John Inions 1000 
Acres and all the other 500 Acres apeece at ^ "^ Acer and that 
the whole overplus of the tract of land shall be appropriated 
to the Prprietors in liew of their sevenths to bee laid out by 
the Surveyer Generall and that the Prprietors shall pay and 
alow to the said John Inions and associates a Prportionable 
prt of the Indian pr'^ for the said overplus — 
Adiorned to 3 afternoone 

post Meridiem 

A Message from the Deputyes — The Deputyes desireing an 
answer whether the bill here brought from them this forenoone 
were passed here or noe — 

Ans : That it being of weight and haveing much urgent 
business vpon our hands wee had not Considered the same, 
but would speedely take the same into Consideracon and 
when ready returne them answer by a Messinger of our 
owne — 

The Bill entitled a Bill to make voyd the prceedure of sume 
late Courts — w'^ amendm'' read and passed here by the board 
And delivered to the Messengers aboue who came here for our 
Answer 

A Bill brought here by the Deputyes to Constitute a high 
Sheriffe for this Prvince 



1682-3] JOURNAL OF GOVERNOR AND COUNCIL. H 

Cap* Berry and Cap' Sandford to desire a Conferance in the 
Councill Roome w'^ the Deputyes or a Comitte of them this 
Evening by 7 Clock — 

Adjouned till 7* hour 

A peticon by William Johnson and Jeffery Jones ag' Rob* 
Vauquillin read and agreed to be filed — 

And the Councill adjourned to the eight hour next mooru- 
ing. 

Att a Councill held the 3" day of the T* month called 
March Anno Dili 168| 



Prsent Tho Rudyard D Governor & Prpr 

William Penn & 
Sam" Groome 
Coll Morris 
Cap* Berry 
Cap* Palmer 
Cap* Sandford 
Law : Andress & 
Ben Price — 



Prpr 



of the Counc. 



Lawrence Andress tendring the Adm'istracon of James 
Bollens Estate appraism* and sale might bee Entred in the 
Secretarys office, vpon view thereof 

P* It appeares the Letters of admi'stracon bear date the 
12*'' Day of September 1682. 

2 The appraisement the 27"' March 1682 

3 The sale of the Estate the 28*" of September 1682 
amounting to 93"^ 15^ 1'^— Lawrence Andress declared here in 
Councill that he was w*'' the Governor Phillip Carterett in 
December last w^"^ was after the Prprietors arivall here, and 
then and not before the Governor sealed the letters of Ad- 
mistracon in Lawrence Andress prsence and delivered them 
to him in company of Capt Vickers — 



12 NEW JERSEY COLONIAL DOCUMENTS. [1682-3 

Wee observe the sale of the Estate and disposition was 
some months before the Admi'stracon granted 

Lawrence Andress Alledges hee never had any pr' of the 
Estate or received or disposed any pr* thereof 

Wee finde not that any bond was given for the due adm'is- 
traCon thereof w"*" is aledged in the Admi'stracon to bee entred 
into the 12''^ Sep* 1682 

A Bill drawne for Constitucon of Sheriifs read and 
amended — 

A peticon for Cap' Baker read — 

Adiourned to 2 afternoone 

post meridiem 

James Graham came to the Councill here and desired that 
noe further prceedure might be had here upon his Case and 
peticon formerly delivered and that the [they] might w'Mraw 
the same — It's agreed and ordered that hee [the] same be 
delivered back vnto him w"'* was done accordingly — 

The bill to make voyd the prceedings of some late Courts 
read heare a second tyme and signed onely by their Clarke — 
It's agreed that it bee transcribed and signed by their Speak- 
er — and then by the Governor 

Ordered by the Governor and Councill — That James 
Emott be Gierke of the Councill and Deputye Secretary dure- 
ing the pleasure of the Deputy Governor 

The bill to make voyd the prceedings &c and to Constitute 
Sheriffs given here to the Deputyes 

The Deputyes brought the said bills downe againe Ordered 
that the bill to avoyd the prceedings of some late Courts bee 
signed by the Governor — 

Ordered that the bill for Constitucon of Sheriffs bee signed 
by the Governor — w'^^ was done accordingly — 

-Ordered that the said bills be carryed vp to the house of 
Deputyes soe signed by Cap' Palmer and Ben Price two of 
the Councill — w'^'' was done accordingly — 



1682-3] JOURNAL OF GOVERNOR AND COUNCIL. 13 

A Bill disinabling several prsons &c was heere read the 

first tyme — , , , „,, 

A peticon from Daniel Hoop M'^chant to have the benefitt 
of land according to Concessions for nine servants &c— Or- 
dered and agreed that hee have the Prporcon of land in lieu 
of prsons transported according to the Tenor of the Conces- 
sions and havea warr^ for the same hee bringing m names ol 
his servants and famely transported— 

Adjourned till next 2^ day eight of the Clock in the 
moorneing — 

Att a CounciU held the b'"^ day of the V' month called 
March Anno Dni 168f 

Psent Tho Rudyard D Governor & Prpr 

William Penn & \ ^ 
Sam" Groome i 

Coll Lewis Morris 
Cap' Berry 

Cap' Palmer . ^^ ^^^ ^^^^^^ 

Cap' Sandford 
Law Andres & 
Ben Price — 

Agreed that a message be sent to the house of Deputys to 
desire a Conference this afternoone vpon the substance of the 
Bill for Disenableing severall prsons &c— to bee sent by Cap* 
Berry and Captn Sandford 

A peticon of Cap' Baker psented here and read 
As to the peticon for his 1200 Acres of land for w^'^ hee had 
a warr' and delivered the same to R VauquiUin late Sur- 
veyor— Agreed that the matter bee heard and Considered 
to-morrow moorneing 8"^ a Clock R VauquiUin haveing 

notice thereof — 

And as to the 2" peticon agreed that tomorrow moorneing 
hee bring in a prticular of his Charges— that the substance 
of the peticon may bee further Considered— 



14 NEW JERSEY COLONIAL DOCUMENTS. [1682-3 

The peticon of William Johnson and Jeffery Jones Ex- 
hibited the second instant — it being Joynte and their Case 
distinct and divers— Agreed the [they] w'Mraw their petticon, 
and peticon sep'ately — if the [they] see Cause soe to Doe. 

Agreed that Capt Vickers & other prsons who were of the 
late Governors Councill since the death of the late Secretary 
Cap' Bullen and are here in towne may have notice to bee 
here in Councill att 3 A Clock this afternoone to Attend a 
Conference ifelateing to them w"" the house of Deputyes — 

The peticon of Cap' Palmer and Thomas Codrington here 

read Capt Palmer w"'drawing the Case was debated, hee 

Cald in againe — Inquirey then was of S"" George Carteretts 

Gift to Pardon w''' was prduced and was dated 31'' July 1674. 

Then Inquirey was made when Pardon Assigned to Captn 

Palmer &c And that was the first of December 1680 — S' 

George Carterett in Dec 1678 devised all East Jersey &c — and 

dyes — 

Adjourned till 2 afternoone 

Post Meridiem 

The Deputyes came to the conference — the D. Gov"" gave 
them Accompt of the occasion and matter of Conference w"** 
was to debate the objections and matters Criminall in those 
prsons whome by bill they would make Incapable of future 
office — Captn Vickers Henry Greeneland Sam" Etsall and R 
Vauquillin came alsoe here — and after ye Deputyes Charge 
and Answer by R Vickers &c to the matters objected the 
[they] withdrew — and after due debate and Consideracon of 
the prmisses — Its the sence of this board, — That the matters 
alledged by the house of Deputyes ag' Robert Vickers (lately 
officiateing as Secretary of this prvince) w"" his defence being 
duely and thrughly heard before vs, and after a serious Con- 
sideracon of what hath been urged on both sides — Wee doe 
declare it as our sence — That the said Rob' Vickers hath be- 
haved himselfe Imperiously and vexatiously ag' the former 
houses of Deputyes — And therefore that he ought to Confess 



1682-3] JOURNAL OF GOVERNOR AND COUNCIL. 15 

his Errors in the house of Deputyes tomorrow— And there 
doe aske forgiveness or else that hee bee declared Incapable 
for the future of bearing any office of publick Charge of 
truste w*'' in this Prvince dated as abovesaid — 

Adjourned till 8 tomorrow moorneiug 

Att a Councill held 6*'^ Day of the 1""' called March 
Anno Dfii 168f 

Psent Tho Rudyard D^ Governor & Prpr 

William Penn & 
Sam" Groome 



Prpr 



Coll L. Morris ^ 

Captn Berry ■ 

r^l.^ ^.^Af^^A r of the Counc. 



Captn Sandford 
Captn Palmer j 

Law : Andress — 
Ben Price — 



} 



The house of Deputyes sent here a message desireing the 
bill brought from their house for disenableing severall Prsons 
from beareing office &" might bee retorned to them — 

They were answered that wee would send a message of our 

owne 

Then read, the resulte of the Conferance and debate relate- 
ing to Rob' Vickers late Secretary w*='^ after reading was 
agreed by the Councill to bee signed by the Deputy Govern- 
or w"*" was done accordingly — And its agreed that the same 

bee sent up by Captn Sandford and Ben Price— 

A Message sent by the house of Deputyes as followeth viz' 
By the house of Deputyes In answer to yo" before vs wee 
say wee retaine the same dispositions as in our bill before yo" 

But the p'misses Considered, wee see noe reason both for the 
safety of Countrey and reputation of this house but earnestly 
to moove the exclucon of Captn Robert Vickers and Captn 
Henry Greeneland from publick place of authority w'^in this 
Prvince,— That is to say according to our bill before yo"— 



16 NEW JERSEY COLONIAL DOCUMENTS. [1682-3 

Vpon reading hereof the bill sent downe by the Deputyes 

was read and after Alteracon & amend m' thereof — It was 

Agreed to be transcribed and sent to the Deputyes by the 

hand of [William Penn's name erased] and Captn Sandford 

Adjourned till 3 this afternoone 

post meridiem 

The Bill to disenable Captn Rob' Yickers and Captn Henry 
Greeneland to beare office in this Prvince sent here from the 
house of Deputyes read and after due Consideracon thereof — 
It's ordered that the same bee 

[At this point in the original Record aljout ont'-founh of the leaf has been cut out, 
leaving only the following terminations of lines] : 

--------- Councill 

--------- ernor and 

--------- ering 

--------- nt for the 

-------- land — and 

--------- ordered 

--------- teof 



--------- ington 

--------- w"'' 

-------- ofW" Pardon 

deceased — but this is not to be a p'sident for any other 

A peticon of John Gillman and Edward Slater in behalfe 
of Piscattaway Inhabitantes for 200 Acres of Meadow now 
in possession of Cornelius Longfeld — read and agreed that 
Cornelius Longfeild have notice thereof in order to a hearing 
and further determinacon thereof 

Captn Bakers peticon for 1200 Acres of land being read 
and Rob* vauquellin being alsoe here prsent It's agreed That 
the further Consideracon thereof bee deferred until there bee 
some settlement of the Concernes of this Town 



1682-3] JOURNAI. OF GOVERNOR AND COUNCIL. 17 

Rich : Mitchill's peticon read and ordered that hee have the 
head land for himselfe and wife according to Concessions 

The Address of Lewis Morris, desireing hee may have his 
land pattented w^'' hee has lately bought of Sam^^ Leonard and 
Leonard Hunt — It's agreed and ordered that hee have pat- 
tents for the same — 

A message from the house of Deputyes desireing to morrow 
moorneing a private Conferance betwne some of the Councill 
and some of the members of the Deputyes to Confere about 
setling the Countyes and such like Concerne— It's agreed that 
a Conference bee had, and that Cap' Berry Cap* Sandford 
Cap* Palmer Lawrence Andress and such other of the Coun- 
cill as will attend it to meet heere in the Councill Chamber 
at 7 Clock in the moorneing 

Adjourn'd till 8 A Clock to morrow moorneing 

[A portion of the page is liere cut out of the original, being the other side of the 
leaf referred to above. The matter lost, if any, cannot be conjectured, although it 
may have reference to the Conference. It evidently did not relate to the Proceed- 
ings of the Governor and Council, which are continued, according to adjournment, 
immediately below the gap in the leaf. There are not more than twelve lines of 
manuscript missing, and probably not that much.] 

Att a Councill held the 7"^ day of the 1"" called March 
1681 

P'sent Tho Rudyard D' Governor & Prpr 

Coll Lewis Morris 
Captn Berry 

Captn Palmer v ^f the Counc. 

Captn Sandford 
Lawr : Andress & 
Ben Price 

Vpon the request of Lawrence Andress It's ordered that 
hee have liberty for two dayes to goe home upon some vrgency 
of affaires — 

Sam" Moores peticon read and agreed, that the same being 
for land, for w''' there's a bill now w* the Deputyes for 
Redress — It's therefore deferr'd till wee see the effect thereof 

2 



18 NEW JERSEY COLONIAL DOCUMENTS. [1682-3 

Sam" Bacons peticon read and ordered as above in case of 
Sam" Moore 

Agreed that the papers of Captn Rob' Vickers bee perused 

and hee bee sent for, whilst they are sorted that such as are of 

his privat Concerne hee may have, and the other of publick 

concerne may be sorted and put into some method or order. 

Adjourned till 3 afternoone 

Post Meridiem 

Captn Vickers paprs called over 

A bill sent drawne from the Deputyes for devideing the 
P'vince into Countyes read and agreed vnto 

A bill sent from the Deputyes ag' Sam" Edsall and Rob' 
Vauquellin — read, the Consideracon of this bill deferred untill 
to morrow moorneing 

Agreed that an* Order bee sent from this board requireing 
Rob' Vauquillin late Surveyor generall to bring here forthw*^ 
the Journall of his Surveyes of land laid out in this P^'vince 
Adjourned till 7 a Clock tomorrow moorneing 

Att a Councill held the 8"' Day of the l""" called March 
Anno Dni 168| 

P'^sent Tho Rudyard D' Governor & Prpr 

Coll Morris ^ 

Captn Berry | 

Captn Palmer } of the Counc. 

Captn Sandford 
Ben Price 

Vpon Complaint of John Toe ag' John Carter & Rob' Mors 
not onely for monyes w'^'' the said Carter owes the said Toe — 
But alsoe for other ronges and abuses w"'' he has suffered and 
undergon from the said Carter & Mors — It's agreed that the 
said Carter as alsoe the said John Toe's wife now absent from 
him, and the said Rob' Mors father of the said Toe's wife, 



1682-3] JOURNAL OF GOVERNOR AND COUNCIL. 19 

bee Sumoned to appeare before this board forthw* to answer 
the Qomplaintes of the said John Toe, — 

Vpon Consideracon of the applicacon made here by Daniel 
Hoop and Order made in Councill the third instant, And 
p'senting here a small Chart of land lyeing on the Rariton — 
It's agreed that hee have the South west side or p"^ of the land 
p'sented to lye fourty Chaines vpon the Rariton from the 
South branch and to Run backwards from the Rariton South 
westerly two English miles little more or lesse to Compleate 
his number of Acres to the number of six hundred, and that 
hee may settle imediately upon the Same, vntill it can bee 
Surveyed and pattented And that hee shall enjoy the Same to 
him and his heires at one halfe penny pr Acre pr Annu 

A bill Sent downe by the Deputyes to have four Justices of 
the peace in Each County — The Consideracon of this bill 
deferred vntil tomorrow moorneing — 

One other bill Sent downe by the Deputyes for Justices of 
the peace and Sheriifs a double number to bee p'"sented by 
Each County — w""" being read the further Consideracon de- 
ferred until tomorrow moorneing — 

The bill to rectifie abuses in Some late records — read & 
agreed that the Same bee Subscribed by the Governor and 
Sent to the Deputyes — 

The bill for Establishing Courts of Justices read and 
amended — and ordered that it bee Subscribed by the D' Gov- 
ernor and Sent to the Deputyes — and Captn Palmer and 
Captn Sandford are to carry the Same as alsoe the bill for 
division of the prvince into Countyes 

The Peticon of Ben : Price sen for fourty or fifty acres of 
laud lyeing by him, requesting that hee may have it Surveyed 
and pattented hee w'Mrawing — Its agreed and ordered that 
hee have the Same as hee desires, provided noe other p'soa 
have right thereto by pattent or otherwise by some agreem' 
of the Towne — 

Adjourned till 2 a Clock afternoone 



20 NEW JERSEY COLONIAL DOCUMENTS. [1682-3 

post Meridiem 

A bill to disenable Sam" Etsall and Rob' Vauquillin from 
beareing further office charge or truste unlesse they make pub- 
lick Acknowledgm* A*^ being read in Councill its ordered that 
a Coppy of the bill bee sent to each of them, and delivered to 
Captn Vickers who has undertaken to send forward the Same 
forthw**" to them that they may be here the 12"' instant — 

A Message from the house of Deputyes to desire a Confer- 
ence — Its agreed that a Conference bee had w*'' the house of 
Deputyes at four this afternoone att Isaac Whiteheads and 
that it bee managed by Captn Palmer Captn Berry and Captn 
Sandford — 

The Conference was had and the members of Councill re- 
tourned — reporting that the Conference desired was upon the 
bill to Rectify abuses in Some late Records — 

A Message from the Deputyes desireing a free Conference — 
w'^'' was granted, the p'sons above ordered to manage the 
Same, and to Carry w* them the Entryes of Patten ts and 
Surveys recorded by Cap' Vickers, and the Lady Carteretts 
order to pattent noe land after 25"" March 1682 under a penny 
pr Acre — 

Adjourned to 7 A Clock tomorrow moorning 

Att a Councill held 9"" day of 1"" called March Anno Dni 

1681 

P^sent Tho Rudyard D' Governor & Prpr 
Sam" Groome Prpr 
Coll Lewis Morris ^ 
Cap' Sandford I 

Cap' Palmer } of the Counc. 

Cap' Berry & 1 

Ben Price J 

A Bill for severall Lawes in East Jersey read amended and 
agreed to bee Carryed to the house of Deputyes by Captn 
Palmer Captn Sandford and Ben Price 



1682-3] JOURNAL OF GOVERNOR AND COUNCIL. 21 

A Message from the Deputyes as followeth viz' An answer 
to a bill p'-sented to this house March 8'" 168f for the rectifie- 
ing abuses in some late Records— It is the Sence of this 
house, that there hath been many Erregular and vnjust 
Entreys made in the publick records of warrants Scertifieates 
and patents Since March 1682-And that the p-^son or p'sons 
guilty thereof ought to receive punishm* according to the 
merritt of their Offence— And that noe p^son ought to bee 
disseased of his freehold or any wayes destroyed but by the 
Lawfull Judgm' of his peers- 
March 9'*^ 168f— P' John Bound Speaker of the house of 

Deputyes 

Adjourned till 2 afternoone 

post Meridiem 

Then p^vsed and placed in Order the pap^s last had from 
Captn Vickers w"'' took vp all the afternoone 

Adjourned till 7 a Clock tomorrow moorneing 

Att a Councill held the 10*-^ Day of the 1'"" called March 
Anno Dili 168f 

P^sent Tho Rudyard D' Governor & Prpr 

Sam" Groome Prpr 
Co" Lewis Morris ^ 
Captn Berry I 

Captn Palmer } of the Counc. 

Captn Sandford | 
Ben Price j 

Vpon Consideracon of the vrgency of business, of some of 
the Councill to repaire whome this Day— It's agreed that the 
Councill bee Adjourned untill next second day moorneing 8 
A Clock— 

And it is Adjourned vntill next second day 8 a Clock in the 

moorneing 



22 NEW JERSEY COLONIAL DOCUMENTS. [1682-3 

Att a Councill held the 12*^ of March Anno Dni 168f 

P^sent The D' Governor 

Captn Berry ~) 

Captn Palmer „ , „ 

r. * Q j^ ^ p r ^^ "^^ Counc. 
Captn Sandiord & j 

Benj* Price j 

Vpon Consideracon of the Slow dispatch of business in 
this prsent Generall Assembly — It's agreed and Ordered that 
a Message be sent from this board vnto the house of Deputyes 
p^posing to have dureing the Sessions a free Conference in the 
Councill Chamber betwne the Governor and Councill and the 
house of Deputyes, every day of Sessions, from the houre of 
Three unto the houre of four every afternoone Where all 
matt" and things may bee freely p'posed and debated betwne 
them, But resolucons suspended untill the Councill and 
Deputyes are ap't — Captn Berry and Captn Palmer to carry 
vp this p'^posall — 

Agreed and Ordered that a Message bee sent to the Indian 
Sachems to Conferr w*^ them about their Entertainm' of 
Negro Servants — and that Captn Berry take care for the Con- 
veyance thereof — 

A free Conference Agreed vpon by the house of Deputyes — 
who attended here accordingly, where was principally debated 
the method of Settleing Courts in this P^'vince — And after 
some Considerable Tyme taken vp therein — Two bills for 
setling some Courts brought downe here from the house of 
Deputyes and delivered in here last 7'^ day after the Councill 
were Adjourned were delivered back for their further Con- 
sideracon — 

A peticon of John Robinson & als for land — read, and the 
Debate thereof Adjourned till tomorrow moorneing 

Adjourned to 7 a Clock tomorrow moorneing 



1682-3] JOURNAL OF GOVERNOR AND COUNCIL. 23 

Alt a Councill held the 13''' Day of the 1""" called March 
Anno Dili 168f 

P'sent The D' Governor 

Captn Berry ^ 

Captn Palmer i ^ ^, „ 

/-. . o j^ J )■ 01 the Counc. 

Captn bandrord I 

Benj* Price J 

Agreed and Ordered that Captn Vickers be sent for to this 
board to resolue this board whether those books formerly de- 
livered to the Deputy Governor now here p'^sent and all of 
Captn Vickers's hand writeing bee the publick records of the 
Prvince, Entred and made by him dureing the tyme he was 
Secretary of the Prvince — 

Captn Vickers being P''sonally here p'"sent and being askt 
the Question above p'^scribed and pruseing [perusing] the books 
above menconed Declared that those books contained those 
matters w''^ he recorded dureing the tyme hee was Secretary, 
and that hee never affirmed that they were not records, and 
that hee has not any other books of records — w"^ hee said hee 
gave for Answer — 

The peticon of John Robinson Richard Jones & als being 
read they were called in and being asked the Question where 
the warr* or Order of the late Governor & Counc was for the 
Indian purchas — they Answered that Sam" Etsall had it — 
whereupon it was agreed that the peticon" be heard againe 
when Sam" Etsall comes here — 

A Conference w*'' the Deputyes the discourse was onely 
about the Court for small Causes, the bill p^'posed being that 
the vnder sheriiFe should serve all p''cesse — and it was neces- 
sary as they alledged there should bee two Courts — wee agreed 
two Courts in one County two in every Towne and that an 
officer was p^'p'" for every Court — 

Edward Slater p'sented here a peticon to have a bond de- 
livered up w"'' he had given for paym* of a fine 

Adjourned till 7 A Clock tomorrow moorneing 



24 NEW JERSEY COLONIAL DOCUMENTS. [1682-3 

Att a Councill held the 14*" Day of March Anno Dfii 1681 

P^sent The D' Governor 
Sam'^ Groome 
Coll Morris 

Captn Berry ^ of the Counc. 

Captn raimer 
Captn Sandford 
Benj" Price 

A bill for setleing Courts for Determinacon of small Causes 
brought downe from the house of Deputyes read and agreed 
that it be oiFered to the Deputyes to add in that bill a p"' vision 
for the like Court to bee held in or about Hackinsack w'^'in 
Bergin County and setling the fees 

A bill for setleing County Courts or Quarter Sessions 
brought downe from the house of Deputyes — read and agreed 
that it be offered to the Deputyes to make p^vision therein to 
settle the fees of this Court 

A bill for setleing a Court of Conion Right brought downe 
from the house of Deputyes — agreed that it be offered to the 
house of Deputyes to agree to the amendm*^ now made in 
that Bill — And it's ordered that Captn Berry Captn Palmer 
and Captn Sandford forthw"' carry downe the same Bills to 
the house of Deputyes, for their Concurrency in the p^'misses 

It's agreed and ordered that the p'sons hereinafter named 
shall be the respective high Sherriffs for this Succeding 
yeare — viz' from the 25"' day of this Instant month. That 
is to say; Michael Smith for the County of Bergin Isaac 
Kingsland for the County of Essex — Sam^^ Moore for the 
County of Midlesex and Lewis Morris Jun for the County of 
Monmouth — 

The Bill for County Courts brough[t] here w"' some 
amendments — 

The Deputyes being here debated Severall p''ts of the bill 
for settleing of Small Courts and for the Court of Comon 
Eight- 
Then Adjourned to 7 A Clock to morrow-moorneing 



1682-3] JOURNAL OF GOVERNOR AND COUNCIL. 25 

Att a Councill held the 15"^ Day of March Anno Dili 168f 



IPprs 



P'sent The D' Governor 

Sam" Groome 
Coll Morris ^ 

Capt Berry | 

Captn Palmer )■ of the Counc. 

Captn Sandford - 

Benj* Price j 

A Message from the house of Deputyes whether it was our 
sence, that the Court of Comon Right and Court of Chan- 
cery ought to bee all in one and could not be in two, — Answer 
was that the generall Assembly might vse their freedome and 
make one or Two Courts thereof — 

The Deputyes sent downe the Bill for setleing Courts of 
small Causes — w"'' being read it's ordered that the Governor 
and Councill Concur therein — 

The Deputyes sent downe the Bill for setleing the Court of 
Comon Right w*"'' being read its ordered that it be P'posed 
to the Deputyes to make the Judges of this Court Twelve and 
not lesse than six, — and Captn Berry and Captn Palmer to 
carry vp the sence of this board — 

The bill for setleing the Court of Comon Right brought 
downe read and amended as above p'"posed and then agreed 
and ordered that the Gov'"nor and Councill Concurr therew'^ 

The peticon of Edw: Slaughter to have vp his bond — 
given for the good behaviour &c — for a p'tended Ryott, the 
p'^ceedure whereof is voyded by Act of the Generall Assem- 
bly — vpon reading and ConsideraCon thereof it's agreed that 
his request be granted as desired — 

The peticon of John Gillman to have vp his bond for good 
behaviour being read it's Ordered that hee have the same given 
up to him — 

It's alsoe Ordered and agreed that the bond w"** Captn 
Sandford gave to pay the fine imposed upon him for a 
p'tendeil Ryott, w''' p'^ceedures are nuU'd by Act of tlie Gen- 



26 NEW JERSEY COLONIAL, DOCUMENTS. [1682-3 

erall Assembly bee delivered to him to bee Canceld — w"^ was 
done accordingly att this board — 

Adjourned till 7 Clock tomorrow moorneing 

Att a Councill held the 16* Day of March Anno Dfii 1681 

P'sent The Dept Governor 
Sam" Groome 
Coll Morris 

^ ^^ -r, , y of the Counc. 

Captn Falmer 

Captn Sand ford & 

Benj* Price 

A Bill for the generall lawes of the P'^vince sent here from 
the house of Deputyes — read and after some amendm*^ Agreed 
to bee Transcribed — 

The Deputyes here and Debated the Rules and Orders for 
the Court of Comon Right and some P'ticulers in the bill 
last menconed, w*"*" are to bee sent them tomorrow 

Then Adjourned till 7 A Clock tomorow-moorneing — 

Att a Councill held the 17*"^ Day of March Anno Dni 168f 



""sent 


The D' Governor 








Coll Morris 


1 






Captn Berry 


1 






Captn Palmer 


} 


of the Counc 




Captn Sandford & 


i 






Benj* Price — 


J 





The bill heretofore sent from the Deputyes titled a Bill to 
p'^hibitt Arbitrary prceedings — Read w*'' Some amendm*' and 
agreed the said bill bee Signed by the Deputy Governor and 
sent to the Deputyes by Captn Palmer Captn Berry Captn 
Sandford and Benj* Price 

Ordered and agreed that the Same p'sons call vpon the 
Deputyes for their Concurrancy to a bill Sent them downe 



1682-3] JOURNAL OF GOVERNOR AND COUNCIL. 27 

from this board, Intitled a bill to rectifie abuses in Some late 
Records — 

A private Conferreuce desired by the Deputyes w''^ Some of 
the Councill— It's ordered that Captn Berry Captn Palmer 
Captn Sandford and Benj'^ Price Doe attend the Conference 
as desired forthw*"^ att the house of Isaac Whitehead— 

A Bill for the gen'^all laws of this P^vince transcribed w"^ 
Some addicons and amendm'^ Read and Agreed that the 
Same bee signed by the Deputy Governor and Sent to the 
house of Deputyes by Captn Berry Captn Palmer Captn 
Sandford and Benj^ Price 

Agreed that Coll Morris and Captn Sandford have libty to 
goe home — 

Then Adjourned till 7 A Clock next second day moorneing 

Att a Councill held W day of March Anno Dfii IGSf 

P^sent The D' Governor 1 p ^ 

Sam^' Groom . i 
Captn Berry ^ 

Captn Palmer I . , ^ 

Captn Sandford [ of the Counc. 

Benj* Price j 

The Deputyes sent here a Message desireing a Conference 
w"* some of the Councill and that they would bring w* them 
the Records Entred by Captn Vicars— A Conference granted 
and Captn Berry Captn Palmer Captn Sandford and Benj' 
Price to Attend it — 

The Conference was to Inspect the Records and debate 
about those Entryes made by Captn Vicars — in relacon to 
the bill before the Deputyes to Rectifie abuses in Some late 
Records — 

This board being informed that Captn Rob' Vicars who 
has lately officiated in this P'vince as Secretary in the tyme 
of the late Governor Captn Phillip Carterett notw^standing 
many grants by the late Governor and Councill made of lands 



28 NEW JERSEY COLONIAL DOCUMENTS. [1682-3 

w'^'in this Prvince (according to the gen'all Concessions) to 
Severall planters and Inhabitants who for many years have 
peacefully held and Enjoyed the same w'^out disturbance yett 
to Impeach not onely their Titles but alsoe the Right of the 
p^sent Prprieto""" and to stirr vp the peaceable people of this 
Prvince to quarrells and Contencons and to inflame their 
minds and sperritts one ag* an other hath publickly advised 
and stirrd vp many to w^stand the Interest of such who are 
legally and Justely setled in their lands and to oppose the 
Right and Interest of the p''sent P^'prieto" Hath alsoe advised 
them to stand upon and maintaine an obsolete and voyd pat- 
tent or p'tended pattent long since made by Coll Rich : 
Nicholls to Captn John Baker and others — And the said 
Captn Rob' Vicars haveing made as p'tended Secretary many 
Irregular and vnjust entryes on Record — And done Acted 
and Comitted many Accons and things agst the peace of the 
king and publick peace of this Province and the p'prietors 
thereof — It is agreed and ordered that the said Captn Rob' 
Vicars bee forthw"' app'"hended and brought before this board 
that he may Answer all and singular the p'^misses att the next 
Court of Conion Right to bee held w"'in this prvince — 

Captn Vicars being her.e p''sent and refuseing to give secur- 
ity for the good behaviour and to Answer the p'misses att the 
next Court of Conion Right it's ordered that hee bee Comitted 
to the Custody of George Jewell the Messinger of the Coun- 
cill and to appeare here att eight A Clock to morrow-moorneing 

Then Adjourned till 7 A Clock tomorrow-moorneing 

Att a Councill held 20"' Day of March Anno Dili 168| 

P^sent The Dep' Governor & "I p^, j. 

Sam" Groome / 

Captn Berry ^ 

Captn Palmer ! 

. Captn Sandford f of the Counc. 

Benj* Price j 



1682-3] JOURNAL OF GOVERNOR AND COUNCIL. 29 

Captn Vicars being brought here and Demanded whether 
hee would give Security for y" Good behaviour &c as was 
ordered yesterday w*^^ hee refused — whereupon it's ordered 
and agreed that hee be Comitted to the CoiSon Goale att 
Woodbridge untill he shall give such security or bee dis- 
charged by due Course of law — 

It's agreed and ordered That Sam" Moore bee made and 
Constituted high Sheriife of the County of Middx and have 
his Comission forthw"" Sealed w"*" was done accordingly — hee 
then by Subscripcon p'missing allegiance to the King and 
fidelity to the Lords proprietors and truely to execute his said 
office 

It's agreed and ordered that the warr* for the Comittm' of 
Captn Rob' Vicars bee directed and delivered to Sam" Moore 
high Sheriffe of the County of Middx — 

The peticon of Edw : ffox Servant to Rob' Vauquillin read 
and agreed that Rob' Vauquillin haveing notice thereof ap- 
peare w"' his Servant at this board on Thursday next to 
Answer his said Servants Complaint ags' him and that all 
witnesses for either p'^ty there alsoe Attend — 

A bill for the gen'all lawes of the p'"vince of East New 
Jersey Sent here from the Deputyes w"" Some Amendm** — 
The amendm** read over and Corrected & ordered to bee 
transcribed and sent to the Deputyes for their Concurancy — 
by Captn Palmer and Captn Sandford — 

A peticon of James Gyles of Piscattaway to have land laid 
out for himselfe wife Children and two Servants w^^ being 
read his Case is referred to the pr'prieto" for their Result — 

The peticon of Martha Symes to such effect as the peticon 
above — w*"^ being read it's refer'd to the p'^prietor^ for their 
result — 

The peticon of Elizabeth Carterett the Widdow of the late 
Governor Captn Phillip Carterett being here read, the Con- 
sideracon defer'd till farther applicacon — 

Robert Vicars of Elizabeth Towne in the County of Essex 
Gent — 



\J 



30 NEW JERSEY COLONIAL DOCUMENTS. [1682-3 

Elizabeth Carterett of the same place Widdow — & 
Henry Greeneland of Piscattaway in the County of Middx 
Gent— 

Every one of them bound by himselfe or herselfe 

in the sume of 500'^ vnto our Sovereigne Lord the 

King — 

Vpon Condicon that the said Robert Vicars shall p''sonally 

appeare the second Tusday in the Month of May next before 

the Justices of the Court of Coiiion Right to bee held in 

Elizabeth Towne and to doe and receive that yi"^ by the Court 

shalbe then and there Enjoyned him and that in the meane 

tyme hee bee of the good behaviour and keepe the peace of 

the said Soveraigne Lord the King toward the King and his 

leigh people 

Cap' & Cognit die & Anno 
primo sup"^ dct 

coram me 
Tho Rudyard 

Att a Councill held the 21^' Day of March Anno Dni 168f 

P-'sent The D* Governor \ , 

Sam'^ Groome i ^ ^""^ 

Captn Berry ^ 

Captn Palmer ! 

Captn Sandford & j ^^ the Counc. 

Benj'° Price J 

The Deputyes sent by Some of their members the Bills re- 
maining in their hands w"'' were heretofore past '^"^ w"" those 
lying w**" the Council are six in number, The Act for the 
gen'all lawes yet lyeing w'*" the Deputyes, — It's ordered that 
the Acts and Bills passed this Assembly bee forthw"' tran- 
scribed in order to bee published — And that a Message be 
sent to the Deputyes for them to remitt here the Accompts of 
the Oathes or Subscripcons to the oath or p'"mise of Allegiance 
to the king and fidelity to the Lords p'^prieto" and for the due 



1682-3] JOURNAL OF GOVERNOR AND COUNCIL. 31 

p'formance of their office and Duty as Assembly men In order 
to the Entring & recording the same in a book according to 
the Concessions — And that Captn Palmer & Benj" Price carry 
the same message And alsoe desire the Deputyes Answer if 
they Concurr to the Bill for the generall Lawes, — 

A Bill left here "w*"" the Governor last night after Adjour- 
ment to p'"hibit sale of strong liquors to the Indians read and 
some observacons drawn therein to p^'pose to the Deputyes — 

An Act to Enable the freeholders of this p'"vince to p'^pose 
and agree divers orders relateing to fenceing, and the like sent 
here from the Deputyes — w"** was read amended Transcribed 
& read a second tyme and then sent downe to the Deputyes by 
Captn Palmer and Captn Sandford — 

Agreed and ordered that Captn Palmer and Captn Sand- 
ford desire of the Deputyes an Answer to the Message sent 
from the Councill this day to the Deputyes 

A Bill for the gen'all Lawes of East New Jersey sent from 
the Deputyes containing thirty two Articles being the same 
was sent downe to them & returned signed by the Speaker to 
the Deputyes Ordered that the same bee signed by the 
Deputy Governor — 

The Bill to Enable the freeholders of this p'^vince to p^'pose 
and agree divers orders &c sent back here w"' some Alteracon 
— Agreed and order'd that this board Adhere to their former 
amendm'' and draw vp reasons for their Adhearancy 

Received from the Deputyes a Coppy of their Subscripcon 
of Allegiance to the king & faithfullness to the p'^prietors not 
mentioned proprietors or Lord proprietors soe not explanatory 
— It's Agreed and ordered that Captn Berry & Captn Palmer 
carry vp the same to be fully expressed according to the Con- 
cessions 

A Bill agst fugitive Servants & Entertainers of them read 
and ordered to bee signed and Captn Palmer to Carry the 
Same to the Deputyes — 

The Deputyes here a Conference had about their Subscrip- 
con as above and about o"" adhereing to our former Alteracon 



32 NEW JERSEY COLONIAL DOCUMENTS. [1682-3 

of the bill to Enable freeholders to p'pose and agree divers 
Orders &e 

Forasmuch as many peticons & Addresses have bin & are 
dayly made and p'sented to the Governor & Councill for 
Lands to bee laid out in Right of former Claimes & by virtue 
of warrants granted by the late Governor & Councill, and 
some to bee Redressed agst alledged wrongs done to them 
therein by Robt Vauquellin the late Surveyor Gen'all An 
in asmuch, as so many returnes of Surveys made & p'^tended 
to bee made by the said Surveyor Generall and Entred on 
Record there are no dates thereunto nor mencon made by what 
warrants or when the lands therein menconed were Surveyed, 
•w'^ is apparently Contrary to the Express direcon in the gen- 
erall Concessions of this p'"vince, and Contrary to the Duty 
of the said Surveyor Gen'all, & may tend to the p'"iudice not 
onely of the p'prietors but alsoe Inhabitants & many the free- 
holders of this p^vince — And the said Surveyor gen'all altho 
Sunioued to appeare before the Governor & Councill refused 
soe to doe — It is therefore ordered that the High Sheriife of 
the County of Middx forthw"' repaire to the house of the 
said Robert Vauquillin & him bring before the Governor and 
Councill there to Answer to such matters as are and shall be 
objected ags' him, and that the said High Sheriffe alsoe make 
search & bring w"' him to this board the said Surveyors Jour- 
nall of Surveys & warrants for Surveys of land granted and 
laid out dureing the tyme hee was Surveyor Generall The 
better to Evidence & make out the truth of matters now 
Depending before this board & that cannot bee Determined 
w^'out a due inspecon into & examineing the Same 

Adjourned to 7 A Clock tomorrow-moorneing 



1682-3] JOURNAL OF GOVERNOR AND COUNCIL. 33 

Att a Councill held the 22'" Day of March Anno Dni 168f 

p'^sent The D' Governor 

Captn Berry ^ 

Captn Palmer ', 

Captn Sandford [ ^^ ^^^ <^o""^- 

Benj" Price J 

The Bill to Enable the freeholders of this P'vince to p'^pose 
and agree Divers Orders &c being Transcribed as it was sent 
hence att first to the Deputyes w^'' some Additions w'" being 
now read Agreed that it be soe sent to the Deputyes the 
Deputy Governor signing the same. To bee sent vp by 
Captn Palmer & Benj" Price — 

Agreed and ordered that Isaac Kingsland bee made & 
Coiiiissionated high Sheriffe of the County of Essex 

The peticon of William Johnson of Raway in the County 
of Essex yeoman ags' R. Vauquellin w'* being read it's 
Ordered that Robt Vauquellin have notice thereof in Order 
to the further p'ceedure therein — 

The Bill ags' fugitive Servants & Entertainers of them 
Sent here from the Deputyes w'" Some amendm'' w'* being 
read it's agreed and ordered the Bill passe w"' the amendm'' — 

The observacons relating to the Bill ag' the Sale of Strong 
liquors to the Indians read and ordered that the Same bee 
sent to the Deputyes & Carryed vp by Captn Berry Captn 
Palmer Captn Sandford & Benj"" Price 

Ordered that they acquainte the Deputyes that this board 
expects a returne of the Deputyes Oaths of Subscripcon of 
Allegiance to the king & fidelity to the Lords p'^prieto'^' — 

The Deputyes sent downe the Same and is as followeth 

March the first IGSf 

The Deputyes Subscription of Allegiance to the King and 
faithfuUness to the Lords proprieto'' of the Province of East 
New Jersey — 

That I will beare true Allegiance to the King of England 

3 



34 NEW JERSEY COLONIAL DOCUMENTS. [1682-3 

his heires and Successors and that I will bee faithfull to the 
Interest of the Lords proprieto"^* of this P'vince their heires 
Executo'"' and Assignes & endeavour the peace and welfare of 
the said Prince, And that I will truly and faithfully Dis- 
charge the Trusts reposed in me according to my best Skill 
and Judgm' w"'out CorrupOon favour or aflfection. 



Henry Lyon 


Sam" Moore 


Benj'" Parkis 


Sam" Dennis 


Ric : Hartshorue 


Edw: Slater 


John Bowne 


John Gillman 


Joseph Parker 


Tho : Johnson 


John Hannce 


John Curtis 




Elias Mickellson 


Elizabeth Towne 


Mathewis Cornells 


March the 22^'^ 168| 





A coppy of the Records of the house of Deputyes 
p"^ me Isaac Whitehead Clerk to Dep*^ 

It's Ordered & agreed that the Acts and Bills passed and 
agreed vpon by the Governor and Councill & Dept this Ses- 
sion bee all fairly Transcribed in Order to the p'^fecting of 
the busynes of this Session — 

Adjourned to 7 A Clock tomorrow moorneing 

Att a Councill held 23'" Day of March Anno Dni 168| 

p'sent The Deputy Governor 

Sam" Groome ^ 

Captn Berry | 

Captn Palmer 
Captn Sandford 
Benj" Price 

A Bill Entitled, The penalty of Drunkords read and 
Agreed that the Councill Concurr therein & that the Deputy 
Governor signe the same — 



1682-3] JOURNAL OF GOVERNOR AND COUNCIL. 35 

The peticon of David De Marais here read and being called 
in an Inquiry was made of him what lands hee had purchased 
of the Indians from w'*' hee desires to have all the Timber in 
that Indian purchase for the supplie of his saw Mill altho the 
land not pattented to him and his Sonns — The land purchased 
is about two miles in breath and Comeing of to a point — and 
six miles in length — Agreed that David De Marais have 
pattents for the lands w'''' is Surveyed to him and his Sonnes 
att p" Acre — But that wee cannot see reason to grante lib- 
erty to Cutt the timber from the land hee takes not vp vntill 
further matters appeares then what is yett manifested, and 
that our purpose is to view the same — 

A Bill to punish profaine swearing and Curseing sent from 
the Deputyes & after reading thereof w"' amendment of the 
word sterling and making it lawful! money — ordered that the 
Same Bill bee signed by the Deputy Governor — as a testi- 
mony of our Concurrance 

A peticon presented from the Inhabitantes of Newark w"'* 
being read and the Deputyes being here present — It's agreed 
that a view thereof shalbe in Convenient tyme and the Gover- 
nor hath declared his willingnes to see those Towne bounds 
the next month the wether being seasonable and nothing 
extraordinary p'^vent — 

A Bill for the better mainetaineing and vpholdeing the 
Authority of this province and for the Encourageing the Same 
— read and agreed that the Councill concurr thereto and that 
the Deputy Governor signe the Same — 

A Bill for lib'ty of the subject read amended signed and 
agreed to bee sent the Deputyes — 

A Bill for the better vpholding of Authority read and 
ordered to be passed the Deputy Governor to signe the Same 

A Bill titled an Act for the militia read and a provisoe 
made thereto not to extend to p'"sons Conscientiously refuseing 
to beare Arms — Agreed that the bill w"" the provisoe bee sent 
vp to the Deputyes. 

A Bill for punishm' of Incest Adultrey and fornicacon 



36 NEW JERSEY COLONIAL DOCUMENTS. [1682-3 

Read — and agreed that the same bee signed by the Deputy 
Governor and sent vp to the Deputyes for their Concurrancy 
and that this bill and all other Bills this day here read & 
agreed to be Carried vp to the Deputyes by Captn Berry 
Captn Sandford and Captn Palmer — 

Robt Vauquellin was here, Inquirey being made for his 
Journall of Surveyes — hee Answered hee had none nor any- 
thing more of Surveyes then was entred on the Records. 

Edward ffox & Robt Vauquellin being here the matters 
op'ned on both sides — It's Ordered by the Councill that hee 
goe home to his Master & his Master take care of him as his 
Servant. 

The Bills above menconed to be sent this Day to the 
Deputyes — brought back here to be Transcribed. 

Adjourned to 7 A Clock tomorrow-moorneing 

Att a Councill held the 24"' of March Anno Dili 168f 

p'^sent The Deputy Governor 
Captn Berry ^ 

Captn Palmer 

Captn Sandford & \ ^^ ^he Counc. 
Benj" Price j 

Captn Sandford have leave to goe home this moorneing 
The Deputys sent vp here a Bill for the Better observacon 
and keeping holy the first day of the week or Lords Day w'^'' 
being read the Councill agreed not therew* haveing these 
excepcons thereto — viz' — 

1'' Ther's an Act already that sufficienly p'^vides for ab- 
stinecy from dayly labour — 

2 This Enforces people by paynes & penaltyes to worship 
whether their worship be true or false, if false better none 
then any, Better to bee silent than to offer the sacrefice of 
fooles. The worship of the wicked is Abomination to the 
wholy God. 



1682-3] JOURNAL OF GOVERNOR AND COUNCIL. 37 

3. The Bill obligeing all p'^sons to worship in publick or 
private or pay 5*^. Every p''son who has not witness of his 
private worship (w""" is much if hee has any) must pay 5*^. It 
seemes unreasonable to take witnes for privat worship.) 

4. This bill Insinuates as if the first day were holy w'''' the 

holy Scriptures never said more then any other — Every day 

his holy to the Lord — hee has no profane Dayes, But the 

holy scriptures say hee that regardes a Day regardeth it unto 

the Lord — and hee that regardeth not &c Rom 14. 5. 6. — if 

one man Esteeme a day above another, another Esteemes 

every day alike, Lett every man bee fully p'^swaded in his 

owne minde Lib'ty of Concience ought to bee p'ferred and 

Licenciousness punished w'"" this Bill Seemes not equally to 

secure. 

Rules and Orders for p^'ceedings at Coiiion 

Law in the Court of Comon Right. 

1'' If the plentiifes writt or Capias expresse not the spetiall 
Cause of Accon, Then the Defendant shall not bee held to 
speciall Bayle to Answer and pay the Debt and damages de- 
manded nor shall the Defendant bee bound to goe to tryall 
the next Terme or session of the Terme next after the Arrest 
made, but shall have an Imparlance to the succeeding Terme. 

2 In Case the plentiifes writt or Capias shall expresse the 
spetiall Cause of Accon and the Debt and damages therein 
demanded or laid shalbe the sume of pounds or vpwards 
then the Def ' may bee held to spetiall Bayle and shall bee 
obliged to goe to tryall the first day of tryall of Causes the 
Succeeding Terme. 

3 That in Cases where the Def ' is Arrested in an Accon of 
Debt, detinue, Trespas, for goods, accon vpon the Case (ex- 
cept Slaunder) if the debt or damages amount to tenn pounds 
spetiall Bayle is to be given except it bee ag' an heire 
Executo'" or Admistrator. 

4 That in Covenants because the Damages are vncertaine 



38 MEW JERSEY COLONIAL DOCUMENTS. [1682-3 

before the Declaration be delivered w'** may bee large Bayle 
at Discretion. 

5 That in Battery Conspiracie false Imprisonment noe 
spetiall Bayle of Course w'^'out speciall order from the Court — 
That slaunder noe spetiall Bayle except in slaunder of title 
wherein it bee left to the discretion of the Court. 

6 That in all Causes of Removall out of any inferior Court 
be it by Habeas Corpus Certiorary and of all writts of Error 
to Reverse & Correct Judgm'^ and on all appeales spetiall 
Bayle to bee given. 

7 Spetiall Bayle in all Cases and Causes above men coned 
shal be vnderstood double the debt or damages demanded laid 
or Recovered — and Cofuon Bayle twenty pounds sterling 
mony. 

8 That the principall rendring himselfe att any tyme after 
Bayle putt in or before or on the day of appearance of the 
Scire facias returned Scire feci or the second Scire facias re- 
turned liichill or in Case ther shalbe any accon of Debt 
brought vpon the Bond or Recognizance ags* the Bayle then 
if the principall shall come and render himselfe vpon or before 
the prosses returned served noe further p'ceedings to bee had 
ags* the Bayle. 

9 That in all Causes & Cases where the pi', shall not 
declare the first terme after the Arrest made (and Coinon 
Bayle or Spetiall Bayle Entred as the Cause or Case shall 
require as aforesaid) The Def* Entering a Rule for the pP. 
to Declare the pi*, shall bee nonsuited — and the Defend* shall 
have reasonable Costes ags* him 

10 The Defend' shall have six dayes to give in his plea 
after the pl*% Declaration delivered — And after issue Joyned 
the pi* shall give to the Defend* reasonable notice of tryall, 
that is if in Case the Defend* lives w*''in the Countys of Essex 
& Middx and the tryall to be in either of those Countys eight 
days notice Exclusive and if in the Countys of Bergen or 



1682-3] JOURNAL OF' GOVERNOR AND COUNCIL. 39 

Monmouth and the Tryalls to be had in either of the Countys 
of Essex or Middx fourteene days notice of tryall Exclusive 

11 That every first day of terme the Justices or Judges of 
the Court shall according to their direcon appoint and sett vp 
in writing one or more days for tryalls of Causes the first to 
be sixteene dayes att least from the first day of the Terme 
that all p'sons may be p^'pared. 

12 In Case the pi* shall give to the Defend* notice of Tryall 
as aforesaid and shall not w"'in reasonable tyme forbid the 
same, but the Defend* shall attend the Tryall to his Costs 
the Court may alow the Defend* his reasonable Costes for the 
Same. 

13 In Case the pi* after issue Joyned shall refuse to goe to 
Tryall the Terme after issue Joyned nor shall discontinue his 
accon on Record — Then the Defend* moveing the Court to 
p'^ceed may bring on the Cause by p^viso to Tryall And if 
the pi* be nonsuite att Tryall or discontinue his accon the 
Defend* shall bee allowed reasonable Costes — 

14 That all process and writts issueing out of this Court shal- 
be made in the name of the Governor & p'prieto"* of the p'^vince 
of East New Jersey Directed to the Sheriife Coinanding him 
in the kings name to Arrest suiiion Attach &c the Defend* 
&c and sealed by the seale of the p^vince and Tested by the 
Governor or Deputy Governor for the tyme being. 

The house of Deputyes Concent to these Rules above writ- 
ten no otherwise then vntill the next gen'rall Assembly w*''in 
w*^'' our experience may informe vs soe as either to Continue 
them or to vrge alteracon 

p"" order of the house of Deputyes 

Isaac Whitehead Clerk to Dep*' 

Justices of the peace for the severall Courts of Sessions 
and other officers appointed w''Mn the severall Countys w*4n 
this p'vince to hold Duranto bene plito 



40 



NEW JERSEY COLONIAL DOCUMENTS. [1682-3 



Essex Justices of 
the peace 



For THE County of Essex. 

Coll Lewis Morris 
Captn Berry 
Captn Palmer 
Captn Sandford 
Lawrence Andress 
Beuj'' Price 
Sam'' Wilson 
L^ John Ward 
Henry Lyon 
Benj" Parkis 
Thomas Johnson 



of the Quorum 



1 



James Emott 
Isaac Whitehead & } Clerk of 
Elias Mackillson j the County Courts 

Isaac Kingsland High Sheriffe of the County. 
Captn John Baker Coronor of the County 



Middx Justices of 
the peace 



For the County of Middx 



Coll Lewis Morris 
Captn Berry 
Captn Palmer 
Captn Sandford 
Lawrence Andress 
Benj'' Price 
Sam" Dennis 
Ed" Slater 
James Gyles 
John Bishop Jun"^ & 
Benj'' Hull 
^ Thomas Codringson j the County Courts 



)■ of the Quorum 



^ John Pike Jun' 

I 

'} Clerk of 



Samuel Moore High Sheriffe of the County 
Thomas Blumfield Coronor of the County 



1682-3] JOURNAL OF GOVERNOR AND COUNCIL. 41 



For the County of Monmouth. 



Coll Lewis Morris 
Captn Berry 
Captn Palmer 
Captn Sandford 
Lawrence Andresse 
■{ Ben'f Price 
John Bowne 
John Hans 

Peeter Wilson j Rich : Gardner 

Joseph Parker & }■ Clerk of 
John Throgmorton j the County Courts 



Monmouth Jus- 
tices of the peace 



}■ of the Quorum 



Richard Hartshorne High Sheriffe of the County. 
Richard Lippingcott Coroner of the County. 

For the County of Bergen 



Coll Lewis Morris 
Captn Berry 
Captn Palmer 
Captn Sandford 
Lawrence Andress 
■{ Benj'' Price 
Nicholas Bagard 
Claud Arentson 
Hans Dedericky 
Enock Mackillson 



Bergen Justices 

of 

the peace 



- of the Quorum 



Will Dougles 
Clerke of 
^ Abraham Vohirty j the County Courts 



Michael Smith High Sheriffe of the County 



William Lawrence Coroner of the County. 



42 NEW JERSEY COLONIAL DOCUMENTS. [1682-3 

Agreed that Coiiiissions bee issued forth by the Deputy 
Governor to Comissionate all & every the p'^sons above named 
for the respective offices and places respectively expressed — 
And that he grant to them CoiSissions respectively vnder the 
seale of the p^vince to be signed by the Deputy Governor. 

Justices of the Court of Comon Right 
The Governor or Deputy Governor for the tyme being. 
Sam" Groome one of the p'^prieto'' & Surveyor Gen'all. 
All the Members of the Councill Excepting Captn Sandford. 

John Bowne ^ 

Sam" Dennis • James Emott Clerk 

Henry Lyon & i John Warren Marshall 

Benj'' Parkis J 

Captn William Sandford the King's Attorney Generall for 
this p'"vince. 

Ordered and Agreed that respective Coinissions be made 
and graunted for the Judges of this Court under the seale of 
this p'^vince & Signed by the Deputy Governor. 

A Bill to p'hibitt Rudenesse & Irreligious Excercises of 
the first day of the weeke — Read and agreed to be passed the 
Deputyes Concurr there**. 

The peticon of Thomas Young here read — desireing re- 
dresse ag"' the taking away the meadow lyeing betweene him 
and the Creek — w'*" matters altho true yet it's not in the 
power of the Councill to Redresse but he may take his due 
Course of Law — 

All the Acts of this Sessions Transcribed and the Deputyes 
being here p^'sent Agreed that the same be signed & Authen- 
tick Coppyes sent to every County in this p' vince. 

Adjourned to 7 A Clock next second day moorneing 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 43 

Att a Council held the 26"^ of March Anno Dni 1683. 

p'^sent The D* Governor 

Coll Lewis Morris ") 

Captn Berry • 

Captn Palmer I «^ ^iie Counc, 

Benj'^ Price j 

A Bill sent from the Deputyes to vacat the Entryes of 
some p^'tended Records made & Entred by Rob' Vicars — read 
amended and Agreed to be sent vp w*"" amend*'. 

A Bill Entitled an Act directing subscriptions by Magis- 
trates and ministers of Justice — Read and agreed it be sent 
vp to the Deputyes Captn Berry Captn Palmer & Coll Mor- 
ris to Carry vp the two Bills. 

A Bill to Rectifie abuses in some late Records sent vp from 
the Deputyes amended, here Transcribed and ordered that it 
be signed & sent vp to the Deputyes w"' the Bill last above 
menconed. 

A Message from the Deputyes desireing our Concurrence to 
the bill long since sent Downe to Disenable &c Sam^^ Etsall 
and Rob' Vauquelliu — the said Bill being read amended & 
Transcribed & ordered that it bee subscribed by the Dt Gov- 
ernor & sent to the Deputyes. 

A Bill sent downe from the Deputyes relateing to the 
Countryes publick debts, w""'' being read was Transcribed and 
amended and Entitled an Act in order to the satisfaccon of 
the publick debts of this p'^vince Agreed and Ordered that it 
be signed and sent to the Deputyes by Captn Berry & Captn 
Palmer. 

A Message from the Deputyes to desire the word ligall to 
be put out of the Bill to w'*" the Councill did Concurr. 

Ordered that a Message be sent to the Deputyes for their 
Concurrancie to two bills now before them sent hence viz' A 
Bill Entitled An Act to enable the freeholders to p'"pose <fe 
agree divers orders relateing to fenceiug and the like. A Bill 
to p'^hibitt Arbitrary p'ceedure before the Governor and 
Councill. 



44 NEW JERSEY COLONIAL DOCUMENTS. [1683 

A Bill to rectife abuses in some late Records sent here from 
the Deputyes w"" their Concurrency. 

The house of Deputyes here in free debate p'posed and 
Agreed some amendm'' in the Bilh 

Adjourned to 7 A Clock to morrow : moorneing 

Att a Councill held the 27"' of March Anno Dfii 1683 

p'^sent The D* Governor "1 

Sam" Groome / P P 

Coll Lewis Morris 
Captn Berry 

Captn Palmer )■ of the Counc. 

Captn Sand ford | 

Benj'' Price j 

A Bill sent here from the Deputyes titled an Act in order 
to satisfie the publick debts of this p''vince To w'^'' the Gov- 
ernor and Counc: cannot Concurr and oifer for reasons as 
followeth, first for order. 

1^' The Deputyes yesterday sent here a Bill to the subject 
matter of this Bill to w*"'' this board made their amendm*^ & 
returne the Bill yesterday. 

2 It has bin vsual for dispatch of business if one house has 
p'^sented a Bill, the other has offered amendm*^ to w'^'' if the 
other has not agreed a Conference has bin desired and reasons 
offered for and aginst the amendm'^ 

3 In Case the Councill & Deputyes after a Bill p^'sented by 
one house & amendments made in another, agree not to Con- 
ferr but draw new Bills it may bee thence allowed w%ut 
lymitt & nothing don but p'^senting one Bill for another. 

4 As to the matter of the Bill now sent differing from the 
Bill sent hence to the Deputyes yesterday. This Bill now 
sent is defective in these p'^ticulars. 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 45 

1'' The Bill Insinuates that the p'^vince is Indebted and 
makes out no debt — Nothing appearing to us that the p'^vince 
was indebted but in the Quitt Rents all other demands ap- 
peare not on Record, And it's a maxim in Reason that it's 
the same thing not to bee as not appeare to bee. 

2 The Debts ought to be p'ved else the p''vince not to be 
Charged therw*. 

3 The Debts ought to be p'^ved in a Court of Record that 
they may there remaine for Justification of Just demands and 
Impeachm*' of Cheates if any bee offered to abuse the publicke. 

4 A Constable is not made by any Act of Assembly a Court 
of Record, nor a Judiciall but a ministeriall officer — he Can- 
not trye any petty Causes, nor has bin thought meet to be a 
Magistrate but only a minister or Servant in the petty Courts. 

5 The Deputyes are not a Court of Record destinct from 
the Governor and Councill — So noe opp'"tunity nor Capacity 
to take p'^ofe of such Debts. 

6. for the gen'all Assembly to approve of Accompts as Just 
or not Just debts before proof made or opp'"tunity oflPered for 
p'^sons to proof them seems verry. irregular & agst reason — for 
w'''' reasons wee Adhere to the Bill sent vp w"" our amendm** 
yesterday and Concurr not w"" this new Bill. Agreed that 
Captn Palmer and Captn Berry carry vp the same Reasons. 

A Bill read here for the Coroners & Constables Subscrip- 
cons for faithful p'formance of their offices read & ordered to 
be signed and sent vp to the Deputyes by Captn Berry & 
Benj° Price. 

A Message from the Deputyes being an Answer to o" yes- 
terday sent for their Concurrence to 2 Bills before them the 
Consideracon thereof Deferred till afternoone this day. 

A Message from the Deputyes in writing viz' 

March 27"^ 1683 Ordered by this house to send downe 



46 NEW JERSEY COLONIAL DOCUMENTS. [1683 

two of their Members to the Governor & Councill to ac- 
quainte them that the house will wait upon them forthw"" in 
order to an Adjournment of this Assembly. 

Message brought by Sam" Moore & Joseph Parker. 

A Bill for the office of Coroner & Constable brought vp 
from the Deputyes ia w*"'' the [they] Concurr. 

Ordered that the Bills past by the Governor Councill & 
Deputyes be Transcribed & sent vnder the scale of the 
p""vince to every County. 

Vpon debate & Consideracon of some tyme of Adjournem'. 
It's ordered & agreed by mutuall desire and Consent of the 
Deputyes That the gen'all Assembly bee Adjourned to the 
ninth day of May next & the said gen'all Assembly are 
Adjourned to the ninth day of May next Then to sitt for 
the publick affaires of this p^vince at Eliz : Towne. 

Att a Councill held the 28"' day of March Anno Dfii 1683 

p'^sent The D' Governor 

Sam" Groome ^ 

Captn Berry ■ 

Captn Palmer f ^f" ^^e Counc 

Benj" Price J 

Agreed & Ordered That all Comissions made & granted 
to the Justices of the Court of Coiiion Right and Justices of 
the peace of all Couutyes & to keepe County Courts & Jus- 
tices to keepe Courts for try all of petty Causes and all 
Comissions for Sheriffes Coroners Clerkes of the peace & 
other officers w'^'' are & shalbe Coiiiissionated by the Councill 
or order of Councill shalbe made & graunted vnder the scale 
of the p^vince & signed by the Deputy Governor onely 

It's agreed & Ordered that Every Clerk appointed for the 
respective County Courts shall from and after they have 
made such Subscripcon as is directed by Act of gen'll Assem- 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 47 

bly make out writts and p^'cesses ag"' any p'"son for any matter 
or thing, (Criminall Causes excepted) Subscribed by their 
owne names to appear and Answer to any p''son or matter in 
the said Courts, And from & after the next Sessions or County 
Courts they shall signe or subscribe them (By the Court) 

Whereas there are severall writeings vnder the hands and 
Scales of the Earle of Bath S" Edward Atkins &c the Trus- 
tees of S'' George Carterett Deceased & vnder the hand & scale 
of the Lady Carterett not onely the Conveyances of this 
p^'vince to the p'^sent p^'prietors thereof but also gen'all Coiiiis- 
sions orders and Direccons to Captn Phillip Caterett Late 
Governor of this p'^vince and the then Secretary and Surveyor 
Gen^'all of this pVince and the said Governors Councill and 
also to the Inhabitants of this p'"vince w'^'' are not duely 
Entred on Record as the [they] ought to have bin, but are 
now in the possession & keeping of the Deputy Governor of 
this p^'vince — And inasmuch as severall thereof are of much 
Concerne as well to the Inhabitants & planters as to the 
p^sent p^'prietors of this p'vince — It's therefore ordered and 
Agreed that the Same be duely Entred on Record by the 
Deputy Secretary to secure and p'^petuate the Knowledge 
thereof and that the like Entryes be made of all late orders 
Coiuissions & direccons for the p^'sent p'■prieto'■^ 

The Comission for the Justices of peace for the County of 
Bergen sealed and delivered this day to Captn Berry for safe 
Conveyance. 

The Comission for the Sheriffe and also for the Clerk of 
the same County Sealed and given alsoe to Captn Berry for 
safe Conveyance 

An orig'nall letter from the Earle of Bath & Lady Car- 
terett Dated the 28*^ of June 1682, directed and sent to Captn 
Phillip Carterett late Governor — and now brought here by 
Sam" Groome from the hands of Captn Vicars — It's ordered 
that the said letter w"' the other writeings & things before 
menConed bee Recorded And that the said orig'nall letter bee 
delivered into the Deputy Governor for Safe keeping thereof. 



48 



NEW JERSEY COLONIAL DOCUMENTS. 



[1683 



Ordered that to the Justices or members nominated for the 
Court of Comon Right Thomas Codrington and Sam" Wil- 
son be added to make vp the number twelve according to the 
Act of the gen'all Assembly and Henry Lyon in respect of 
other office wherein hee is placed is ordered to be excused 
from this Service. 

The p'sons to heare and Determine Cases in the Respective 
Courts for small Causes 



Claes Arents 
Hans Dedercks 
Enock Machielson 


y Bergen 


Henry Lyon 
Benj" Parkis 
Isaac Whitehead 


-Elizabeth Town 


Sam" Dennis 
John Bishop Jun' 
Sam" Hulls 


y Woodbridge 


Edw: Slater 
John Gillman 
Benj"^ Hull 


> Piscattaway 


Johu Bowne 
John Throgmorton 
James Grover 


> Midletowne 


Joseph Parker 
Peter Tilton 
John Hans 


> Shresebury 



It's agreed and Ordered that the respective p''sons above 
named shalbe Coiiiissionated to heare & Determine the small 
Causes in the above respective Townes and that Depty Gov- 
ernor make out distinct Cofnissions for the Same and seale 
them by the seale of the p'^vince signeing them w"' his owne 
hand And that the respective p''sons Elect their owne Mes- 
singer and Clerke 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 49 

Ordered that a warr' be made and delivered by the Deputy 
Governor to the Surveyor Generall to layout w*in this p'vince 
in such place as he shall see meet not Intrenching vpon any 
mans interest or right Twenty four thousand Acres of land 
That is to say to and for the use of every one of the Twenty 
four p'^sent p'prietors one Thousand Acres and make Eeturne 
thereof to the Governor and Councill. 

This is a True Journall of the p^'cedure 

of the Deputy Governor & Councill to this 

The 28'*' Day of Day wherein all Matters comeing before 

the 1""° cald them have bin duely Entred and the Min- 

March Anno utes of all things justly expressed to the 

Dni 1683 best of their knowledg Remembrance & 

understandinge. 

Tho Rudyard 

D' Governor & p'pr. 
John Berry 
J Palmer 
Ben: Price 

Att a Councill held at Elizabeth Town according to the 
former Adjournm* the 9"^ day of May Anno Dni 1683 

p^sent The Deputy Governor 

Co" Lewis Morris ") 
Captn John Palmer I 
Captn W" Sandford )■ of the Councill— 
Lawrence Andresse | 
Benj^' Price J 

This Day the Court of Comon Right being held and the 
Members of the Councill Attending the same as Justices 
thereof The Governor arid Councill proceeded not to busi- 
nesse but the Deputyes Attending this board, 'twas agreed to 
Adjourne till tomorrow morning 7 A Clock and the Councill 
Adjourned accordingly 



50 NEW JERSEY COLONIAL DOCUMENTS, [1683 

p^'sent The Deputy Governor 

Coll Lewis Morris 

Captn John Palmer 

Captn W" Sandford , ^ ,, ^ m, 
^ -n, > 01 the Councili 

Captn Berry 

Lawrence Andresse & 

Benj"^ Price 

Samuel Moore & Nathaniel ffitzrandolph making applica- 
con here and requesting to have the Administracon of the 
Estate of Captn James Bollon who Dyed intestate granted to 
them as guardians to the Children of the said Captn Bollen, 
And Lawrence Andresse the late p^'tended AdiSistrato"" to the 
said Estate Declareing that he dus absolutely renounce all 
p''tence and Claime to the Adinistracon thereof, It is There- 
fore Ordered that Samuel Moore and Nathaniel ffitzrandolph 
bringing here the Children of the said Captn Bollen and they 
Chooseing them their guardians that their Adinistracon be 
granted by the Deputy Governor to the said Moore and ffitz- 
randolph dureing the minority of the said orphans according 
to the Due Course of Law, they bringing in here a perfect 
Inventory or appraism' of the said Intestates Estate to be 
recorded. 

Agreed and ordered, That the Deputy Governor Issue out 
his warr' to the Surveyor gen'all to layout for Benj" Price 
sen'^ one of the Governors Councili the quantity of 270 Acres 
of Land w^'in the bounds of Elizabeth Towne or somuch 
thereof as has not of the number or quantity of Acres bin 
laid out to him by Robert Yauquillen the late Surveyor gen- 
'all w*^*" said Lands are granted him in Compensacon of the 
heads he brought here at his ffirst settlem' in this province. 

The peticon of Captn John Baker here read. And ordered 
that the like warr' be granted to lay out 1200 Acres of Land 
for Captn John Baker in Elizabeth Town according as hee 
Desires in his peticon 

Samuel Moores peticon to have the Lands granted him by 
order of Lord Bartlett and S'' George Carterett read and 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 51 

after some Debate thereupon Agreed that the same bee cal'd 
over againe when Sam" Groome is here in Councill. 

A Bill sent here from the Deputyes for the Orderly keep- 
ing of Swine read and after some Amendm*^ and Addicons 
made it's agreed the same be Ingrossed againe w'*" the same 
and sent back to the Deputyes for their Concurrance by Captn 
Palmer and Captn Sandford. 

The peticon of John Shottwell being here read and vpon 
reading thereof it being alledged that the Lands for w'''' he 
Desires a Survey and pattent is now or late in the possession 
of Elizabeth Carterett Widd the Relict and Executrix of the 
late Governor Captn Philliph Carteret Deceased, It's agreed 
that the fFurther Consideracon thereof be Deferred till the 
next Seventh Day morneing being the 12"^ instant at 8 of the 
Clock in the IForenoone and that notice there be given to 
the widdow Carteret that she may then appeare, and if she as 
[has] ought to allege ags' the substance of the peticon she may 
then be heard _ 

Then Adjourned till tomorrow morneing 7 A Clock. 



Att a Councill held at Elizabeth Towne the 11* Day of 
May Anno Dni 1683 

The Deputy Governor & p'pr 
Thomas Warne p'"pr. 
Coll Lewis Morris 
Captn Berry 
Captn Palmer 
Captn Sandford 
Lawrence Andresse & 
Benj* Price 



}■ of the Councill 



A Bill Drawne vp and read A Bill for makeing and setting 
of high wayes passages Bridges and flPerryes w^'in this prov- 
ince and agreed the same be sent to the Deputyes by Benj'' 
Price and Lawrence Andresse. 



52 NEW JERSEY COLONIAL DOCUMENTS. [1683 

A Message from the Deputy es as ffolloweth. 

The Request of the house of Deputyes is to Desire the 
Governor and Council! to send a Coppy of the ifees of the 
Court of Comon Right Samuel Dennis and Benj* Parkis 
Messingers 

Eliz Towne May 11*'' 1683 John Bound 

A Bill sent here from the Deputyes Entitled an Act to 
Enable the ifreeholders of this province to propose and agree 
Divers orders relateing to the good and welfare of Each 
Towne. 

w"'' being read this board agreed on these excepcons to the 
p'^ceeding thereon 

1" This Board has allready had a bill from the house of 
Deputyes to the same affect to w''^ the Governor and Councill 
has made some amendm" an'- "sent it back to the Deputyes 
for their Concurrance w'^'' bii^till lyes w* them not returned 
here w''' their Consent. 

2 There are other particular Bills now Depending for 
remedying the matters expressed in this Bill viz' for that 
against hoggs and for makeing and setting out highwayes 

3 In this Bill is a Clause Dubious, uncertaine and vnp'si- 
dentiall viz* to settle and impose Town rates not only for the 
matters Contained in the said Bill — but alsoe for the like — w'** 
word (and the like) are without lymit and unin«teligable 

4 The local and prudenJtiall Lawes by the Townes to bee 
made not to Come under the Consideracon of the Governor 
and Councill their Lawes may be such as may oppose and con- 
tradict the Acts of the gen^'all Assembly — The lib'tys p'per- 
tyes and ffranchises of the planters and Inhabitants of this 
province, and may be of Dangerous Consequence to the Gov- 
ernment. 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 53 

Thereupon it's Ordered that the Deputyes be Desired a 
ffree Conference upon the subject matter above expressed and 
that the Deputyes will Attend it between three and ifour this 
Afternoone, and Captn Palmer and Captn Berry are Desired 
to acquainte the Deputyes therew"'. 

Captn Berry and Captn Palmer give account that the 
Deputyes will give Answer to the Message by their owne 
messingers at the tyme above p''fixed 

A Message from the Deputyes in writing as followeth 
viz' 

That forasmuch' as Captn Robert Vicars Captn Henry 
Greenland M"" Robert Vauquillen and M"" Sam'^ Edsall were 
p'sented by Bills to the Grand Inquest as persons guilty of 
Crimes or evil and illegall practices w'''' tended to the great 
Disturbance of the peace and quiett of the p'"vince to the ap- 
parent Damage of severall Inhabitants and Contrary to the 
peace of our Soveraigne Lord "the King his Crown and dig- 
nity the w''' Bills are flFound by the grand Jury true Bills 
Resolved by this house of Deputyes now sitting that ffour of 
their Members namely Samuell Dennis Samuell Moore 
Thomas Johnson and Benj* Parkis Doe repaire to the Gov- 
ernor and Councill and there in the behalfe of all the CoiTions 
of this province Desire that the above named Robert Vicars 
Henry Greenland Samuell Edsall and Robert Vauquillen 
may be by some Due means safely secured in Order they may 
be brought to Answer to the p'"misses. 

Eliz Towne ) P"" Order of the house 

May 11"" J 1683 John Bound 

Vpon Consideracon of the p^'mises it's agreed that Captn 
Robert Vicars as already secured by sufficient Bayle given by 
him to Answer the p'^mises 

Whereas by the gen'all Concessions of this province of 
East New Jersey amongst other things it is provided that the 
Constables of the said province shall Collect the Lords Rents 



54 NEW JERSEY COLONIAL DOCUMENTS. [1683 

and shall pay the same to the Receiver that the Lords should 
appoint to receive the same uulesse the gen'all Assembly 
should p'"sente some other way whereby the Lords might have 
their Rents Duely Collected w*out Charge or Trouble to 
them, It is therefore ordered by the Governor and Councill 
that Captn Berry and Captn Palmer attend the Deputy es and 
Recomend to them their Case in the p'^misses, That such Care 
may be taken for the Collecting and payment of the said 
Quit rents as may Answer the p'^scription and Direccon given 
in the said Concessions. 

A Message from the Deputyes in writing as foUoweth viz*. 

By the house of Deputyes in Answer to what this Day was 
Desired by the Governor and Councill Relating to a ffree 
Conference, Wee Desire that either w* respect to what is 
before yo"^ hono""^ or as occacon may require for the future there 
may be a Comittee Choosen by both houses to Debate the 
same. Messengers Richard Hartshorne Samuel Dennis Joseph 
Parker & John Gillman 

Eliz Towne P' order of the House 

May 11*'' 1683 John Bound 

Vpon Consideracon of the Message from the Deputyes 
now Delivered here in Answer to that of the Governor and 
Councill this Day sent them It's ordered there bee a Comittee 
of not lesse that flFoure p'^sons appointed from the Governor 
and Councill to meet a Coiuittee of the Deputyes to Debate 
of such matters as now are or shall Come before them And 
that for the more expeditious Dispatch of business it's agreed 
and p'posed that the same CoiSittees meet Dayly in ifree Con- 
ference between the houres of Three and ffoure every after- 
noone at the house of the Deputy Governor And that the 
Deputyes be Desired to send downe here the names of their 
Comittee that this board may also nominate and send to them 
the names of the Comittee to bee here appointed. And it's 



1683] JOUENAL OF GOVERNOR AND COUNCIL. 55 

ordered that Captn Palmer Captn Berry and Captn Sandford 
Carry up this Message. 

A Bill for the better p'ceedings of County Courts sent here 
from the Deputyes w''^ being read and Considered it's ordered 
that this Board Concurr therew"" and that the same be signed 
by the Deputy Governor 

Captn Palmer's peticon being here read it's ordered & 
agreed that the Deputy Governor Issue out a Warr' to the 
Surveyor Gen'all to Devide the Tract of Land cal'd Rariton 
lyeing on the North side of the Rariton River w'^'' the said 
Captn Palmer Thomas Codrington and others lately pur- 
chased of the Indians into Eight Equall p'^ts in order that 
the same may be afterwards disposed of by pattents according 
to right. 

A Third Message from the Deputyes in writing as follow- 
eth vizt. 

In Answer to an order of the Governor and Councill 
Delivered to this house by Captn Palmer Captn Berry and 
Captn Sandford 

It is Consented and agreed that there be a Comittee of ffour 
P'sons appointed from the Governor and Councill and ffive of 
this house to meet Dayly for Debateing of such matters as 
now are or shall Come before them and that for the more ex- 
peditious Dispatch of business the said Coinittee to meet 
Dayly between the houres of three and ffour every afternoone 
the said Members of the said Comittee to be Dayly Chosen 
as each house shall see Cause and the Comittee themselves to 
appoint their owne places of meeting 

p'' order of the house 

John Bound 
Messengers Henry Lyon and Joseph Parker 
ElizTowneMay IT'^ 1683 



56 NEW JERSEY COLONIAL DOCUMENTS. [168-3 

Vpon Consideracou of the Message here sent from the 
Deputyes by Henry Lyon and Joseph Parker relating to a 
Comittee of both houses, It's the sence of this board 

1'' That the Deputyes Deuyall of a ffree Conference at the 
Desire of this board is unp^sidentiall and the first of that 
kind that ever has bin Deny'd in this province. And the same 
appeares to be more strange for that open and ffree Confer- 
ences w* this board and whole hoiise of Deputyes are most 
effectuall for Dispatch of busines, ffall vnderstanding of the 
sence of Either house, And most gen'all satisfaccon to all per- 
sons that are Desireous of Expediteing matters in the gen'all 
Assembly and pVents misreportes and Errors w*^'' may hap- 
pen by mistakeing or in rendring the sence of Either house 
otherwise than Intended 

2 But this board Desireing rather a Delatory dispatch then 
noe effecting of businesse w"" the Deputyes have receded from 
our first modest request, and Condiscending to a Dayly 
Cofnittee of Both houses and have sent a Message to that 
purpose, that this board will appoint persons not lesse then 
ffour Dayly to attend. 

3 But to be Lymitted by the Deputyes to the number of 
ffbur and to meete the number of fifive of the Deputyes and 
to be obliged to Choose our Comittee Dayly — and to meet as 
ffour of this house and ffive of the Deputyes house shall 
Dayly agree, is p'"scribeing such Lawes to this board as belongs 
not to the house of Deputyes — being neither Customary nor 
warrented by any authority Law or p'^sident. And it's the 
sence of this board that as either house have always had the 
priviledge to appoint such and soe many for a Comittee as 
they see meet and as this board Lymittes not the Deputyes — 
Soe this house ought not to bee imposed vpon or Lymitted — 
And this house adheres to their Last Message. In Case the 
Deputyes agree not to our ffirst request of a ffree Conference 
as were had at our Last Sessions w''' had a gen'all good effect 



y of the Councill 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 57 

for the Dispatch of business then passed by vs in gen'all As- 
sembly Ordered that Co'^ Morris Captn Berry Captn Palmer 
& Captn Sandford carry vp this Message 

Adjourned to 7 A Clock tomorrow morneing 

Att a Councill held the 12"^ day of May Anno Dili 1683 

p'sent The Deputy Governor & p'pr 

Thomas Warne one of the p'pr 
Co^^ Lewis Morris 
Captn Berry 
Captn Palmer 
Captn Sandford 
Lawrence Andresse & 
Benj^ Price 

A Remonstrance Delivered in here by Edward Slater and 
John Gillman the Deputyes of Piscattaway by order and w"^ 
the Consent of the Towne of Piscattaway— And Edward 
Slater and John Gillman being here p'sent and after some 
Considerable Conference and Debate, they being offered to 
have the bound of their Towneship or Desired Towneship 
Survey'd, they aprov'd not thereto soe this board Could not 
p'ceed vpon the matter p'^sented. 

Another peticon from the same persons for some meadows 
to be layed to their Towneship read and defered to some other 
opp'tunity of Debate — 

Ordered that one Bond of Captn William Sandford bound 
to the King in 8"' w"^ Condicon to p'secute John Johnson 
Dated the eight of July 1682 be Delivered vp to Captn 
Sandford. 

Ordered that one other Bond wherein John Berry is bound 
to the king in 8'" w^'^ Condicon to be of the good behaviour 
&c Dated the second November 1681 be Also Delivered up 
to Captn Berry 



58 NEW JEESEY COLONIAX DOCUMENTS. [1683 

A Message from the Deputyes in Writing as followeth. 

The Comittee appointed by the house of Deputyes for De- 
bateing things w'^ a Coiuittee from the Governor and Coun- 
cill namly Richard Hartshawrne Sam" Dennis Benj* Parkis 
Edward Slater and John Curtis 

Eliz Towne \ p' order of the house 

Mayl2*H683J John Bound 

It's ordered and agreed that there may be noe Defect on the 
part of this house to the Dispatch of Matters lyeing before 
vs. That this whole board — viz' the Deputy Governor and 
all the Councill resolve into a Comittee to meete and Debate 
Matters w'^ the Comittee of the Deputyes and are ready to 
meet this afternoone at the house of the Deputy Governor 
between the hours of three and ffour And that Benj* Price 
carry up this Message to the Deputyes 

The Matter of John Shottwells peticon came here into 
Debate and the Widdow Carterett being alsoe here p'^sent and 
in writeing gave in two papers as her Answer to the substance 
of the said peticon, and it being asked the said Widdow Car- 
terett if shee Desired any tyme to offer or object anything agst 
the substance of the peticon shee said shee had noe ffurther 
answer then what shee gave in writeing. And it appeareing 
that Abraham Shottwell was the possessor occupant Cleerer 
and Improver of the Land menconed in the peticon And that 
John Shottwell is the said Abraham Shottwells Sonne and 
heire — It's therefore agreed and ordered that the Deputy 
Governor issue out a Warr' to the Surveyor gen'all and his 
Deputy to Survey the same Lands and make returne Thereof 
in order that the said Shottwell may have a pattent thereof 
according to the Concessions. 

Ordered and agreed that Lawrence Andresse have Lib'ty 
to goe home returning here next second Day at eight A 
Clocke in the moorneing 

The peticon of James Graham and Sam" Winder for them- 
selves and Associates read It's ordered that the Deputy 



1683] JOUKNAL OF GOVERNOR AND COUNCIL. 59 

Governor make a warr* to the Surveyor gen'all to Survey the 
said Land in Order the same may bee pattented to the p''sons 
haveing right to the same and make returne thereof to the 
Governor and Councill 

Then the Govern9r and Councill resolved into a 

Comittee in Order to a Debate w"" sev'all Members 

of the house of Deputyes. 

A Conference w''' the Comittee appointed by the Deputyes 

vpon the Bill to Enable ^freeholders to p''pose and agree 

Divers orders &c at w'^'' Conference was offered the reasons 

and objections by vs Entered to the Bill yesterday Their 

members returned saying the [they] would reporte the Same 

to their house. 

It's ordered that p^'cesse be made out in the Court of Comon 
Right agst Sam" Etsall Robert Vauquillen and Henry Green- 
land in pursuance of the Message sent here yesterday from 
the house of Deputyes 

It's agreed that Captn Sandford have lib'ty to go home re- 
turneing next second Day morneing by 9 A Clocke 

Agreed that Co" Morris and Captn Palmer have Lib'ty to 
go home this Day 

Adjourn'd till Second Day morneing 8 A Clocke. 

Att a Councill held the 14* Day of May Anno Dni 1683 

p'sent The Deputy Governor & propr. 

Sam" Groome & 1 

> prpr 
Thomas Warne J 

Captn Berry ^ 

Captn Sandford [ 

Lawrence Andresse & j" ^^ ^^^ ^^""^ 

Benj" Price j 

The peticon of John Gillman and Edward Slater in behalfe 
of Piscattaway — for to have a parcell of meadow on the South 
side of the Raritan River to be laid out to the Inhabitants of 



60 NEW JERSEY COLONIAL DOCUMENTS. [1683 

Piscattaway. It's ordered and agreed that a Warrant be 
Issued by the Deputy Governor to the Surveyor gen'all to 
Survey and view the said Meadowes and Lands Adjacent and 
make reporte thereof to this board that such iFurther order 
may be made w*"'' may either fully Answer the peticone" 
Desire or that they may know the positive Answer of the 
Governor and Councill in this matter to the Contrary. 

The peticon of Jane Ogden Widd read the same being for 
300 Acres of Land in Elizabeth Towne in right of John 
Ogden her late husband w'*' shee Alledges to bee in right and 
pursuance of a Towne order for w'*' John Ogden had a warr' 
29*'' Oct 1678 — vpon inspeccon of the Records wee find noe 
such warr*, but a warr' for 300 Acres in pursuance of the 
gen'all Concessions — in w'^'' respect the peticone"" is mistaken 
soe the Councill cannot Answer the same as Desired 

The peticon of Robert Shrevs Blacksmith came a Servant 
into this province in the yeare 1675 Desires he may have 
Land laid out according to the Concessions. Vpon Consider- 
acon thereof it's agreed that the old Concessions make noe 
p"" vision for Land for Servants in the year 1675 — Soe cannot 
order him any Land but referr him to the now Lords propri- 
etors and the Concessions by them published. 

The peticon of Joseph Ogden for 90 Acres of Land and 
meadow in p''portion w*''in the bounds of Elizabeth Towne 
Desireing to have the same as hee has pitcht vpon formerly — 
It's ordered that Joseph Ogden give an accompt to this board 
wherefore the late Surveyor gen'all Executed not a Warr* of 
this quantity of Land the 27*'' Oct 1676 And alsoe of the 
Land he pitches vpon that the Councill may give their fur- 
ther resolution in the pr'mises 

A Message from the Deputyes in writing viz*. 

The Answer of the house that was appointed to meet ffour or 
more of the Councill the 12*'' of this instant in a Comitte to 
Debate the Bill about Enableing the Townes to make locall 
. and prudential orders 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 61 

flSrst wee say that the Bill sent before to yo" at our last 
sitting was Sufficiently answered as to the second wee are 
willing hoggs should be excepted, To the third wee Consent 
that the words (and the like) should bee left out, ifourth our 
Bill not mentioning Lawes there is noe roome for such objec- 
tions and as to Towne orders it's a thing verry Customary. 

Eliz Towne \ p' order of the house 

May 14'^ 1683 J John Bound 

Sam" Moore \ ,, 

T u r> 1 r Messengers 
Joseph Farker ) ® 

In answer to the Deputyes Message to vs now sent by 
Sam" Moore and Joseph Parker, It's the sence of the Gov- 
ernor and Councill 

1 That if the Bill sent before to vs at our last meeting be 
Sufficiently Answered then noe neede of this Bill for the mat- 
ters p'^vided for in this Bill are all the same and noe more then 
in the former — for killing of woolves in each Towne or 
Country onely excepted But for makeing and maintaineing 
good and sufficient fences and to p^vent Damages w"*" may bee 
don by horses Cattle and other Stock in the Comon high wayes 
Cornefields and meadowes and for makeing bridges laying out 
high wayes and keeping the same in repaire and for makeing 
Towne Rates for the Defraying of Charges that may arise 
vpon the aforementioned occacons — are all expressly p'"vided 
for in the former Bill now Depending w* the Deputyes — w'''* 
matters if they be fully answered ther's no neede for this Bill 
as it's now made but onely a p'^vision for killing of woolves 
in w'''' particular onely the other is Defective 

2 As to the Dep'tys Answer to the 2'' and 3'' Article of our 
Excepcons for leaveing out the p'^vision ag' hoggs and expell- 
ing the words (and the like) answers the sence of this Board. 

*4 As to the Deputys Answer to our ifourth excepcon, 

*Sic. 



62 NEW JEESEY COLONIAL DOCUMENTS. [1683 

it's the sence of this board it's not answered but onely evaded 
— they being Criticall upon the word Lawes for the word 
orders — For the Deputyes Bill instead of by lawes expressing 
themselves in other Termes and calling them orders — Alters 
not the sence but orders to have the force of Lawes and to be 
put in execucon as Lawes, and the Infringers of them to be 
sued at Law and punished for the breach in Courts of Justice 
are equally Lawes in those Townships as any Lawes of tHis 
province are to the gen'all not improp'ly but p'perly called 
Lawes. And the Deputyes calling those Agreem** Orders as 
they Doe in their Bill is imp'^per the word orders being not 
p'^perly appropriable to agreem*^ of any Towne or Incorpor- 
ated body of people, but only to the Councill Board and 
Courts of Justice — all other Determinacons in Towneshipps 
are called By Lawes and so are agreem'' this Day of all the 
Corporacons in England, so much as the great City of London. 

4 Wee must againe repeate as formerly vpon the Same 
occacon, that it has been vsuall for Dispatch of busines in the 
gen'all Assembly — if one house has p^'sented a Bill — the other 
has offered amendm*^ to the w'''' if the other has not agreed a 
Conference has bin Desired and reasons offered for or ag' the 
amendm*^ 

5 In Case the Deputyes or Councill after a Bill p'^sented by 
one house and amendm'" offered by the other — Agree not to 
Conferr but Draw new Bills and lay the former aside, it will 
p'"vent all Dispatch of Busines, and allows vs to p^'sent one 
Bill for an other and Dispatch none. 

6 It's the sence of this board that such p'ceedure is Con- 
trary to the Due Course of Law agst the orders of gen'all 
Assemblys, And tends to Disorder and Confusion 

7 This sitting of the Assembly is but a Continuance of our 
former Session by Adjournment and noe new Session and the 
fformer Bill being in force w"" the Deputyes this board desires 
their Concurrance thereto or a ffree conference in both houses 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 68 

ffreely to Debate the matters that it may come to a speedy and 
effectuall Determinacon — Benj* Price is ordered to Carry this 
Message to the Deputyes 

A Message from the Deputyes in writeing as followeth, 
viz* 

The house of Deputyes by their Messingers Do acquainte 
the Governor and Councill that they have appointed M"^ 
Hartshorne M"^ Moore Benj* Parkis Joseph Parker and 
Edward Slater to meete so many of the Councill as shall be 
appointed to meet them in a Coiuittee and are ready to waite 
upon them 

p' order of the house 

May 14"^ 83 John Bound 

John Gillman 1 
Elias Machielson / ° 

It's ordered that Captn Berry Captn Sandford and Law- 
rence Andresse meete the Coiuittee of Deputyes upon a ffree 
Conference and to Conferr in such place as they see meete 
making a reporte to this board of the subject matter thereof. 

The Members of the Councill above named reporte that the 
Members from the house of Deputyes desire from this board 
the Bill for setling of flfees. 

2 The Bill for warr*^ from the County Courts 

3 The Bill for locall and prudentiall orders — the former 
Bill extinct per their Answer the Charge to be more then the 
benefitt 

4 The Desire of the Deputyes w"" respect to Towne orders 
for fenceing and maintaining them — Bridges high wayes 
building and repaireing Mills and sup"^ incouragm' for killing 
of Woolves makeing rates for defraying of Charges of the 
above p'^ticulars and for maintenance of the peace if need be 



64 NEW JERSEY COLONIAL DOCUMENTS. [1683 

to p'"vent Damage by Geese The Governor and Councill to 
Draw up what they thinke fitt for the said p'^ticular. 

Then Adjourned to 7 A Clock tomorrow morneing 

Att a Councill held the 15*" Day of May Anno Dni 1683 

p^'sent The Deputy Governor 

Captn Berry ^ 

Captn Sandford ! 

Lawrence Andresse & | ^^ ^he Councill 
Benj'' Price J 

Vpon Consideracon of the Report from the Comittee yes- 
terday as to the ffirst Article — It's the sence and appears to 
this board — That by the Act for the establishing the Court 
of Cofnon Right the Members or Justices of that Court are 
to settle the ifees thereof who are the most p'^per p''sons and 
Judges in that concerne as it is in England and that there is 
no Bill before vs for that purpose neither any sent to vs from 
the Deputys 

A Message from the Deputyes in writeing as followeth viz' 

A Reply to the Governor and Councills message sent to us by 
Benj=^ Price the 14*" 3"' 1683 

To the ffirst It's the sence of this house the former Bill is 
sufficiently Answered as appeares by the Governor and Coun- 
cill desireing a Conference upon the other Bill 

To the Third wee say as before Towne orders are a thing 
verry Customary in such places as are of the same Constitu- 
con and as for London to be a p'^sident for this place) can in 
reason be thought no farther a p^sident than it agrees w"" the 
Constitucon of this place as to ffences woolves Cattle and 
the like. 

To the ifourth it's the sence of this house, where there is 
not a Concurring by both houses it possibly may be a hin- 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 65 

drance but both houses agreeing no Roome for objection, and 
So Consequently needs noe Answer to the applicacon. 

To the ffifth wee ever looke as needing no Answer and So 
Consequently the 6* as being a Relative. 

To the 7"" wee not Denying it a Continuance of the former 
Session the assertion is uselesse (as to the former bill being in 
force w* the Deputyes) the Bill can be no more in force than 
a Bill fully answered and this house accepts of a free Confer- 
ence w**" the Councill as to the p^misses in our last Bill 

Eliz Towne \ p'" order of the house 

15 3-m 1683 j John Bound 

Messingers Thomas Johnson 
and Sam" Moore 

Vpon Consideracon of the Deputyes reply this day sent by 
Thomas Johnson and Sam" Moore to the Message from us 
yesterday — This board cannot but be Senceable of the great 
Daylay in Dispatch of busines in gen'all Assembly principally 
occasioned for want of a Daly ifree Conference by the whole 
Members of the gen^all Assembly w'"" practice in the former 
sitting of this Assembly was found not onely a meanes for a 
good vnderstanding but tended much to the Speedy Dispatch 
of business, the gen'all Assembly then passing more Acts w"" 
full Consent in one Day then now in a weeke — But the Dep- 
utyes seeing Cause to refuse the Request of the Governor and 
Councill in that p'ticular, This board is willing and Desireous 
in this way of writeing between both houses how delatory 
soever to give the Deputyes all possible satisfaccon. say 

As to the first Article of Reply viz' the former Bill is Suffi- 
ciently Answered by the Governor and Councills Desireing a 
free Conference upon the other Bill — w"'' the Deputyes say is 
the sence of their house — To w''' the Governor and Councill 
say that it is their sence y' y^ Deputyes are under a great mis- 
take in the matter — And this board is fully satisfied that 
never any message was this Session sent to the Deputyes 
Desireing a p''ticular Conference on the 2** Bill or a Confer- 

5 



66 NEW JERSEY COLONIAL DOCUMENTS. [1683 

ence on the 2'^ bill j/ticularly — The Messages hence has bin 
ifour — The ffirst of the 11"" Instant Desired a free Confer- 
ence on the subject matter matter [sic] expressed in excepcon 
w""" was not to p'ceed on this Bill but on the former — 

The 2'' Message of the same Day was for a free Conference 
on all matters then Depending or to Depend w'^'' can nowise 
bee Construed to exclude the ffirst Bill and p''ceed vpon the 
second. 

The Third Message of the same Day is to desire a tJree 
Conference and referrs to the former. 

The 4"* Message of the 14"" Desires a free Conference in 
the p'^mises w'^'' was on our excepcon whereof one is agst the 
Second Bill and p'"ceeding on the ffirst 

To the Deputyes 2'' Article of Reply it's the sence of this 
board that an excepcon agst a p'"ticular in the Bill sent w"" 
Articles that excepts ag'' all the Bill is noe accepting the Bill 
or condiscending to it, but fortifyes our gen'all excepcon, w"^** 
Argum' is as if a man were Charged w"" a Trespasse and 
felony — If I charge him w"' trespasse he's innocent as to the 
higher Crime. 

As to the Deputyes 3 4 & 5"^ Articles — it's the sence of 
this board that there needs no other Answer but referr them 
againe to those 3 4 & 5"" Articles of ours, to w"'' their's is sent 
as reply — 

As to the 7"' If the former Bill be fully answered soe are 
all the Matters therein contained but it's an argum' the Bill 
is not fully Answered the 2'' Bill sent Desireing our Answer 
or Concurrence to the same matters — Againe if such answers 
as the Deputyes give to the former Bill or alledge they have 
given is legall Customary usuall or according to the Custome 
of the gen'all Assembly wee desire p''sidents in the Case — The 
Deputyes say they accept of a ffree Conference w"" the Councill 
as to the p'"mises in the last Bill — To w'"' the Councill Answers 
that the [they] never desired such a Conference but on the 
excepcon w'^'' are the p^misses and to debate ffreely on all mat- 
ters Depending before the gen'all Assembly and such Confer- 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 67 

ence this board renews their desire to the Deputyes to Concurr 
in, for speedy Dispatch and for a fair vnderstanding of mat- 
ters before the gen'all Assembly ordered that Captn Berry 
and Captn Sandford carry up this Message 

A Message from the Deputyes in writeing as followeth viz' 

An Answer to an order from Governor and Councill 
brought to this house by Captn Palmer and Captn Berry 

Whereas, those Concessions of New Jersey, or Nova Cesaria 
make mencon concerneing the Constables gathering the p'pri- 
eto" Rents so likewise the [they] make mencon that the gen- 
'all Assembly shall p''scribe the Quantities of Land w"*" Shall 
from tyme to tyme bee alotted to every head &c It is the 
sence of this house that it's contrary to reason for any man 
to be an other mans Servant w%ut his Consent much more 
for any man to be Compelled to serve another man and the 
Master not to be Compelled to satisfie him for his Service 

Benj' Parkis & 1 ,yr . p"^ order of the house 

-r,,. ^^ . ■,-, VMessingers ^ ^ „ 

Elias Mekellson J John Bound 

Adjourned to 7 A Clock to morrow morneing 

Att a Councill held the le''' Day of May Anno Dni 1683 

p""sent The Deputy Governor & p'^pr 

Thomas Warne p^pr. 
Captn Berry ^ 

Captn Sandford ! 

Lawrence Audresse j ^^ *^® Councill 
Benj* Price J 

Ordered that Captn Berry and Captn Sandford goe to the 
Deputyes and acquaint them it's the desire of this board that 
the Deputyes forth w**" attend this board. 

The Deputyes Came here w"' whome wee had a free Debate 
for some tyme And the Deputyes returned to their house 



68 NEW JERSEY COLONIAL DOCUMENTS. [1683 

A Message from the Deputyes in writeing as followeth viz* 

This house desires by their Messengers Henry Lyon and 
Benj* Parkis That the Governor and Councill will appoint 
some of the Councill to meet ffour of this house in a Comittee 
to Debate of aifaires tending to a ffree Conference 

May le**" 1683 p'" order of the house 

Jo Bound 

Ordered that some Members of the Councill be appointed 
to meet 4 members of the house of Deputyes forthw**". agreed 
that Captn Berry Captn Sandford and Lawrence Andresse 
attend the same. 

Report made that at the CoiBittee above agreed vpon it was 
Determined to have a ffree Conference between the Governor 
and Councill and the house of Deputyes tomorrow morneing 
8 A Clock. 

It being the sence of the Governor and Council that at this 
Juncture of Tyme there may be some matters of weight and 
Concerne for the good and welfare of this p'vince w*''' may be 
Discoursed Setled and Determined in gen'all Assembly but 
the said matters being indigested and vnp''pared for publick 
Debate and that a privat Conference w"" a ifew p^'sons of both 
houses wherein secrecy may be alowed and enjoyned to all 
partyes, save onely such matters as the said p^sons shall agree 
to report to either house, it is p'^posed by the Governor and 
Councill to the Deputyes that such p'sons may bee appointed 
by either house to meet together from tyme to tyme and in 
such place and tyme as they see meet And as p'^sons who may 
vnderstand the Interest of the p'^prieto" and of the province 
in gen'all This board appoints the Deputy Governor and 
Captn Berry for the Governor and Councill and p'^pose that 
such a number of persons most knowing the Concernes and 
Interest of the province in gen'all, and of the planters and 
Inhabitants of the same in p'ticular may be CofSissionated by 
the Deputyes to joyne in the said Comittee, and that the mat- 
ter by them p'posed and Debated shall not be Devulged or 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 69 

reported but as aforesaid, or advantage taken thereof ags' any 
person or party That a happy Conclusion may be made of 
all matters and all Controversies ended in the p'^vince yv"^ it's 
hoped by God's assistance may be Composed by this meanes. 
Then Adjourned to 7 A Clock tomorrow morneing 

Att a Councill held the 17*'^ Day of May Anno Dni 1683 

p'^sent The Deputy Governor & p''pr 
Sam'^ Groome & 



p pr 
Thomas Warne J 

Captn Berry "^ 

Captn Sandford ; 

Lawrence Andresse & j «^ ^^^ Councill 

Benj* Price J 

The Deputyes came here in pursuance of the agreem' yes- 
terday and after the Deputy Governor had op'ned the p'^sent 
state of things in gen'all Comunicated to them our agreem' 
above and read the same to them, they desired a Coppy thereof 
and that the [they] would returne to their house and Con- 
sider there of the same. 

It's ordered that a Coppy of the above p''position be made 
and sent to the Deputy s by Captn Sandford. 

A Message from the Deputyes in writeing 

In Answer to the Bill of the Governor & Councill p'pose- 
ing for a private Conference sent to this house beareing Date 
the 16 3-m 1683. The Conference to bee w"' the Deputy 
Governor and Captn Berry and two of the Deputyes, Wee the 
Deputyes Do Condiscend to the Contents of the Bill onely 
for this Day that Clause of Secrecie onely excepted and have 
appointed Richard Hartshorne and Sam^^ Moore for that 
Service. 

Eliz Towne p"" order of the house of Dep*^ 

May 17, 1683 John Bound 

Messingers Edw Slater 
Jo' Parker 



70 NEW JERSEY COLONIAL DOCUMENTS. [1683 

Vpon Consideracon of the Message now sent by the Dep- 
utyes it's agreed that such Conference be had as is above 
p'posed and that such Answer bee given the Messingers and 
that p'^sons meet here forthw"" w"'' was done accordingly 

A Conference was had w'''' began about eleven A Clock 
forenoone — wherein was fully Debated the matter of passing 
the Bill about the Townes making locall and prudentiall 
orders. After a Long Debate for 3 houres tyme in Discourse 
wee Came to this result. 

1 That as well the ffirst Bill as the second are both before 
the Assembly, not rejected or expelled by the gen'all Assembly 

2 That vntill by Some agreem' of the Assembly, the ffirst 
Bill being fframed and passed by the Deputyes and received 
and amended by the Governor and Councill cannot be ex- 
pelled the Assembly but by Consent of both houses 

3 The ffirst Bill may yet bee preceded on notw^'standing 
the Deputyes Answer to the Governor and Councill and not- 
w"'standing the second Bill — But the second Bill cannot till 
the ffirst be expelled as above. 

4 That if the Matters contained in the Bill bee not worth 
attending the Councill therew*'' then not worth an act much 
lesse worth Contencon. 

6 That it's a bill of that nature as for the Things to be 
Don as fenceing &c. That all Townes Doe themselves w*''out 
act not onely in this p'^vince but most part of America 

6 but Enforceing the Doeing thereof & p'formeing those 
orders on paine of being sued & p'^secuted at Law &c This 
is an Act of that nature that has neither bin in this p'^vince or 
other parts of America. 

7 It seemed to be gen'ally Satisfactory to lay aside the Bills 
wholely, and in the Townes to Do amicably and by voluntary 
Consent those things w'*" this Law would Enforce — w'^'' mat- 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 71 

ters the Deputy Governor as alwayes said and Did now 
Declare hee would Countenance and in his place Assist and 
thus the forenoone was Concluded. 

Afternoone wee Entred into Debate after some small Sum- 
ary of our forenoones Discourse about the Demands of Never- 
sinkes by Colour or virtue of Nichalls pattent, And after a 
long Debate for Tree or ifour houres came in our Discourse to 
this Result. That after the Duke of Yorke and the king by 
their Letters had required all p^'sons to Submitt to the Gover- 
ment of S'' George Carterett &c and vpon these termes — 

And the province had knowledge Thereof viz* in the Month 
of May Anno Dili 1673 John Bound and James Grover for 
and in the behalfe of the Two Townes of Neversinkes peti- 
coned the Governor and Councill that noe Conclusion should 
be made of their pattent rights till the [they] could make 
their Addresse to the proprieto'"' &c And that when the [they] 
had made Such Addresse, the [they] would acquiesse in the 
Lords proprieto'^' Determinacon — to w'^ the Governor and 
Councill then agreed 

That the said peticoners in pursuance thereof sent a peticon 
and Remonstrance to the then Lords proprieto''' yielding all 
their p^'tencons vp to the Lords proprietors w'^'' peticon was 
read by the Lords p^'prietors 5* Sept 1673 After this resigna- 
con the Lords p^'prietors by their grant vnder their hands 
and Seales ordered and granted vnto the pattentees 500 Acres 
of Land apeece The pattentees accepted of the same and peti- 
coned to have the same laid out — warr*"* were granted for the 
same — some Surveyed and pattented p''ticularly that of Rich- 
ard Hartshornes w"'' appeared to bee a full Conclusion of that 
aiFaire vnlesse it were made appeare such peticons and p''ceed- 
ure were not by Consent or approbacon of the Townes — They 
being Don by approbacon of some who Subscribed to that 
purpose — Ric : Hartshorne Declared as for his owne part he 
believed that all p''sons would pay for their pattented Land in 
those Two Townes and for his owne part hee would — but the 
matters being transacted by John Bound now speaker of 



72 NEW JERSEY COLONIAL DOCUMENTS. [1683 

the house of Deputyes it was p'"posed that hee and Joseph 
Parker now Deputyes for those Two Townes should debate 
the p'^misses further tomorrow and soe the Debate w"' night 
Concluded 

Adjourned to 7 A Clock tomorrow morneing 

Att a Councill held the 18'" Day of May Anno Dni 1683 

p^sent The Deputy Governor ^ 

Sam'^ Groome Vp'^P^ 

Thomas Warne J 

Captn Berry ^ 

Captn Sandford ! 

Lawrence Andresse & \ ^^ ^^^ Councill 

Benj* Price j 

John Bound Richard Hartshorne and Joseph Parker came 
here and in open Councill — A Sumary Discourse was w"' 
them of all matters passed yesterday — And after a serious 
Debate vpon the agreem'* and settlem' made w*"" the late Lords 
proprietor'' w"' the Two Townes of Neversinkes Debated yes- 
terday wee Inquired into the truth of those peticons and 
Addresses the submission and resignacon of their p'^tended 
pattent Rights to the late Lords proprieto"^' And they were all 
owned and agreed to be true — but alleged that the same was 
for feare — It was answered that the like allegacon may ever 
be made — but as an Evidence to the Contrary the peticone''s 
themselves Demonstrate besides that the pattentees had after 
the Lords proprieto" grace and ffavour granted them 500 
Acres of Land apeece the [they] returned a letter of acknowl- 
edgem' and thanks — And their Associates in Complyance 
therew* all pattented their Lands according to Concessions 
none excepted — continued ever afterward satisfied there""' 
Ail Contented w"' what was don made noe Demonstracon of 
the least Disscatisfaccon w"" Evidented a voluntary and Satis- 
factory agreem', Inspeccon was made of the bookes and 
therein was view'd their Severall warr'' for Lands to the pat- 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 73 

tentees severall whereof Enjoy them to this Day. The pat- 
tentees alleged they were to have their Land Rent free — It 
was Answered no for that grants of that nature was no other- 
wise but by Rent as the late Governor and others as also 
Richard Hartshorne who has his pattent he Declared hee 
would pay his rent and beleiv'd all the Inhabitants of these 
Two Townes would Doe the same — An Authority vnder all 
the peoples hands was p'"duced and things left to the p''sons 
above and Three more w'''' three others were not here — how- 
ever they alledged they had full power in themselves to End 
all p'^tencons w'*" vs — Then was inspected the Late Lords 
p'^prieto" Resolve wherein they give 500 Acres of Land a 
peece to the pattentees and order allowance for Barrens to all 
other the Associates — Then it was offered that such allowance 
was given as particularly to R Hartshorne Three Acres for 
one in respect of Barrens — and others in p'^portion to the bar- 
rennesse of the Soyle — But if any Complain'd of Due allow- 
ance we were ready to make a Resurvey for further Allowance 
— w*'*' seem'd to Conclud the busines w*out further Difficulty 
— But Richard Hartshorne Joseph Parker and John Bound 
Consulting privatly togeither told vs they were Limitted by 
the Towne what Termes to make notw^'standing under their 
hands they had given them full power w"'' was to Demand to 
have all their Land at halfe a bushill of wheate a 100 Acres — 
This we told them we hoped they would show vs such Lim- 
itacon as well as the other full Authority — Their Lymitacon 
they alledged they had not in writeing but by word of mouth, 
that we tould theme was vnfaire to have one Authority to 
p^duce in order to treate and another Secrett w*"^ they told vs 
not of when we entred into treaty — And such Comissions and 
Authorityes wise and honest men have frequently refused as 
not fitt for honest men to execute — Soe this being their 
Termes and now haveing their words for it and nothing vnder 
hand besides the unreasonablenes of the Demand — we found 
Caube to Disent from further Debate — They then Alledged 
as for all (^uit Rents for Lands pattented they would pay 



74 NEW JERSEY COLONIAL DOCUMENTS. [168S 

and other p'tencons leave till it Could be otherwise Com- 
posed — wee then p'posed to them that the Case should be 
fairely from ffirst to Last from the pattent of Governor Rich- 
ard Nicholls to this Day — be stated w"'out a Cofnent and to 
Leave the whole to any Lawyers Judges honest men or king 
and Councill for a final End — or if they had any other wayes 
to p'^pose Wee Desired them to offer it — vpon w'''' they not 
seemeing to Encline to any ffriendly End neither accepted nor 
rejected our p'^posicon nor offered any other wayes or meanes 
to End or Determine the same but left vs, w'^'' is the sume of 
o' Conference. 

In the afternoone the members of Elizabeth Towne came 
here in Councill viz* Henry Lyon Benj* Parkis and Isaac 
Whitehead and p^duced their Towne Booke — and showed 
how in the year 1666 they had agreed and appointed p'^sons 
to make and settle 1* 2"* & 3** Lottm'' for the equall and 
orderly Disposal 1 of Lands w"^ Lotts soe setled were then 
ordered to be p^'sent to the next Towne meeting for approba- 
con by Search of the books the next or after Towne meeting 
there is noe Report of the Alottm*^ setled or Confirmed As 
for their p'^ceedure that or any other way so that it might be 
equally Just w^'^all wee were ready not onely to Consent but 
Countenance and should allwayes be ready soe to doe — In- 
quiry was if they had any greevance wee weare ready to heare 
it haveing already redressed all they fformerly complained 
of — They alledged the [they] wanted a townes meeting in order 
to it — The Governor Answered that the [they] should have 
them as frequently as they Desired — in all other p^'ts of the 
p'^vince the Justices of peace gave out warr'" for the same — and 
so the Governor expected the [they] should Doe here — That 
the Assembly had Enacted how Justices of peace should be 
CoiTiissionated in persuance thereof by order of Councill, I 
made a Coinission for Justices by their appointm' the p'^sons 
now here, p'^sons who made the Law, p'^sons of most repute 
ability and Integrity I know in the Towne and that their 
Coiiiission was long since published and that they have not 



1683] JOUKNAL OF GOVERNOR AND COUNCIL. 75 

yet quallified themselves according to Act of gen'all Assem- 
bly whatever is wanteing for Townes meetings or other mat- 
ters where the people are Agrieved they takeing vpon them 
their office may remedy, And till then the fault lyes at their 
owne Dores not mine. 

Adjourned to 7 A Clock to morrow morneing 

Att a Councill held the 19* Day of May Anno Dili 1683 

p^sent The Deputy Governor ^ 

Sam" Groome Vp'P^ 

Thomas Warne ) 

Captn Berry 1^ 

CaptnSandford i ,f the Councill 

Benj"" Price t» 1 

Lawrence Andresse j 

A Message from the Deputyes in writeing 

This house by their Messingers Elias Makeellson and John 
Curtis moves for a Coppy of the ffees of the Court of Comon 
Right And also for the Bill for setleing the Train'd Bands or 
Militia that was p^^sented to the Governor and Councill the 
last Sessions of this Assembly 
Eliz Towne \ . ... P' order of the house 

19- May T^^'^ John Bound 

In Answer to the Deputyes Message now sent by Elias 
Mekeellson and John Courtis in reference to the ffees of the 
Court of Comon Right, It's the sence of this board that the 
Justices or Members of the said Court are to sett & appoint 
the ffees thereof according to Act of gen'all Assembly And 
that the power of setleing such ffees is neither in the Governor 
and Councill nor the Deputyes apart but in the Court onely 



76 NEW JERSEY COLONIAL DOCUMENTS. [1683 

— And the members of the Councill who are part of the 
Judges or Justices of that Court every one here p^'sent Declare 
they know not of any ffees yet taken or paid in that Court. 

The Bill for setleing the Traind bands or the Militia read 
some Additions and amendm'^* made thereto and orered to be 
Transcribed in order to be sent up to the Deputyes sent up by 
Captn Sandford. 

The peticon of John Marsh for the grant of 800 Acres of 
Land to lye on Raway River It's ordered that the Deputy 
Governor issue out a warr' to the Surveyor gen'all to lay out 
the same to him and make returne thereof to the Councill. 

The peticon of Dedrick Corneliesson for to have a pattent 
of Laud he has lately purchased of the Indians lyeing neere 
Cheesquakes, It's ordered that it be left to Sam" Groome and 
Thomas Warne Two of the proprieto'"" to Conferr w*"^ the said 
Dedrick about his Indian purchase and make report thereof 
to the Governor and Councill for their further Consideracon 
thereof. 

Vpon Reading of Sam" Moores peticon And by the inspe- 
con of the warr' and order of the Late Governor and Coun- 
cill for his takeing vp of meadow Land agst Amboy point It 
is as formerly referr'd to the Surveyor gen'all who w*'' Thomas 
Warne one of the p'"prieto'^s shall view the Land and returne 
whether the vpland is Capable of Improvem' and settlem' w'''' 
lyes Adjacent to the Meadow liand lately laid out or p''posed 
to be laid out to Sam" Moore, That the Councill may make 
such further order therein as is Consistant to Justice and 
Equity 

Ordered that Lawrence Andresse have Lib'ty to goe home 
returneing here next 2'^ Day morneing 

A Message from the Deputyes in writeing 

Considering the season of the yeare and the State of affaires 
at this Juncture of tyme being such That the publick busines 
of the p'^vince seeraes to be obstructed wherefore the rep'"senti- 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 77 

tives p'^poses to the Governor and Councill for an Adjournm' 
of this Assembly vntill the Third Tuesday in October next 

p"^ order of the house 
EHz Towne 1 John Bound. 

May 19'^ 1683] 
Mess : Thomas Johnson \ 
Benj'' Parkis / 

The Governor and Councill takeing into their weighty 
Consideracon the Message now sent from the Deputyes 
wherein it's Insinuated that the publick busines of the 
p'^vince Seemes to be obstructed, vpon w**" account they p'"pose 
an Adjournm' wee cannot but Declare our Sence that there 
Seemes not the Least Colour of obstruccon to p^'ceed or Arise 
from the Governor or Councill or by or from any in publick 
Authority w'^'in this p'vince, And in asmuch such obstruc- 
cons are seene by or in the house of Deputyes of w*^*" wee are 
strangers It's the Desire of this board the Deputyes would 
explaine themselves. That such obstruccons may be removed. 
It being Dishonorable to the Goverm' that there should be 
obstruccons in the publick busines of the p^'vince. And that 
the gen'all Assembly w'''' is Composed of the Authority and 
Compact body of the peoples representitives should Desert 
the publick Service of the p'"vince in p^sence of obstruccons 
and not by their power and Authority remove their obstruc- 
'ons, w'''' may (in the sence of this board) may most Tend to 
the Honour of the Goverm* and best Answer the Duty of the 
peoples rep''sentitives of this p^'vince. Ordered that Captn 
Berry and Captn Sandford Carry this Message to the 
Deputyes. 

The Request of Richard Hartshorne being here read And 
the reason therein offered wherefore he would bee excused for 
beareing the office of Sheriffe, being Duely weiged and Con- 
sidered It is the sence of the governor and Councill, That the 
like or more weighty reasons may be offered by any p'son ap- 
pointed for that office, and that noe p'^son in that County is 



78 NEW JERSEY COLONIAL DOCUMENTS. [1683 

more Capable in respect of Estate or Capacity in vnderstand- 
ing fitter to vndergoe and execute the same. Therefore it's 
the sense of this board that according to Act of gen'all 
Assembly and in pursuance of his Coinssion hee take vpon 
him the execucon of high Sheriffe of the County of Monmouth 
Adjourned to 7 A clock next 2*^ Day morneing 

Att a Councill held the 2P' Day of May Anno Dili 1683. 

P'"sent The Deputy Governor 1 

Thomas Warne j P P 

Captn Berry "^ 

Captn Sandford & >of the Councill 

Benj'' Price j 

In answer to the Governor and Councill 19*'' 3** mo 1683, 
in saying (it's Insinuated) is a mistake for that w'''' is reall is 
no Tnsinuacon for we are really satisfied that the Governor 
and Councill have made severall offers that they would be 
willing to Condiscend to the Doing of those things w"** appeare 
reasonable in answer to satisfieing the Country but there hath 
been much tyme spent in Debates but nothing Don but what 
really seemes to vs rather an obstruccon then satisfaccon And 
therefore this house Doth againe move for an Adjournm' as 
before 

Eliz : Towne ) p"^ order of the house 

May 21 1683) 

John Bound 
Messengers Thomas Johnson 
John Curtis — 

The Governor and Councill taking into Consideracon the 
Message this Day sent here from the Deputyes by Two of 
their Members vizt Thomas Johnson and John Curtis Cannot 
but Declare that as they have ever Endeavored so they still 
Desire there may bee a good vnderstanding and Correspond- 
ence kept between them and the Deputyes And as Conduceing 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 79 

thereunto this board has rather Condiscended to such words 
and termes (in passing of Acts) w*'' the Deputyes have vsed, 
then to Contest for other words or Termes more p'"per, yet we 
have had from the Deputyes many refleccons about words 
and w'** too small reason, of w*'*' this last Message gives fur- 
ther Instance Those who vnderstand English words Know 
that Insinuacon and Intimacon are Synanjmous Termes & 
Contrary to yo'' Centiment, what ever is reall, is p'"perly said 
to be Insinuated or Intimated, And it's the Desire of this 
board that the gravity of the gen'all Assembly may not be 
soe Debaced as to Contest needlesly about words, The Dep- 
utyes say that the Governer and Councill have made severall 
offers that they would bee willing to Condiscend to the Doe- 
ing of those things w"'' appeare reasonable in Answer to the 
satisfieing of the Country, w"'' allegacon as this board ac- 
knowledge to be a great truth so it's the sence of this board 
that it has bin as faithfully p^'formed — And as a Demonstra- 
con thereof — 

1 There as [has] not one Bill bin sent from the Deputyes 
to the Governor and Councill this or the late Session of the 
Assembly but has bin by vs accorded unto or our reasonable 
Amendm'^ or excepcons made and returned to the Deputyes 

2 Altho there are now sev'all Bills sent hence to the Dep- 
utyes for the gen'all good of the p^'vince and they neither 
Concurr w"" nor offer excepcons ags' the same There is not one 
such before the Governor and Councill. 

3 There's not any greevance gen'all or p^'ticular vnder w'*" 
the people of this p^viuce laboured, dureing the Goverm' of 
the late Governor Deceased, and Addressed to the p''prieto''s 
for Redresse, but wee have either most effectually Redressed 
the same, or Cofliissionated legall Courts according to Act of 
Assembly for their Releife. 

4 As the Governor and Councill are a part of the gen'all 



80 NEW JERSEY COLONIAL DOCUMENTS. [1683 

Assembly of this p'^vince they Do Declare that now and at all 
tymes they are and shall be ready according to the accus- 
tomed Regular and Legall p^'ceedings in Assembly to joyne in 
the Enacting and passing any reasonable Act or Acts of As- 
sembly for the good and welfare of this p'"vince and the people 
thereof. 

5 That after the Deputy es Allegacon that there has bin 
much tyme spent in Debates and nothing Don but what really 
seemes to the Deputyes rather an obstrucon then satisfaccon 
It tends much to the Quiet and Satisfaccon of the Governor 
and Councill that hither to they have not bin in the least 
occatione^'s of such obstruccons, And are fully satisfied that 
Justly they Merritt not the least Imputacon of that nature 
but Evident Demonstracon to the Contrary, therefore cannot 
but againe recomend it to the house of Deputyes to Joyne w*** 
the Governor and Councill in a due p^ceedure in gen'all As- 
sembly to remove these obstruccons, w'''' when effectually Don 
the season of the yeare may be taken into Consideracon in 
order to an adjournm' as Desired. 

Therefore as wee are members of one body wee Earnestly 
Desire what ever passeth between vs for the future may not 
bee Construed to the worst sence but that wee may amicably 
lay all misapp'hencons aside and what remaines yet to be Don 
Either for the further p'"secution of the affaires of this p''vince 
or for Adjourm' to a future meeting may be Don w"' a 
ffreindly Correspondoncy Ordered That Captn Berry and 
Beuj'^ Price carry up this message 

Adjourned to 7 A Clock tomorrow morneing 

Att a Councill held the 22''' Day of May Anno Dfii 1683 

p'^sent The Deputy Governor and p'"pr 
Cap* Berry ^ 

Cap' Sandford V of the Councill 

Benj* Price J 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 81 

A Bill Drawn Here Intituled an Act for the Due Regulacon 
of Execucons Drawn, w'^'' being read it's ordered that the same 
be signed by the Deputy Governor and sent to the Deputyes 
And that Captn Berry carry up the same. 

A Bill sent here from the Deputyes Entitled an Act for 
the Melitia w'*'' being read It appeares to Containe the sub- 
stance of a former Bill sent here from the Deputyes Entitled 
an Act for the Militia, to w''*' wee made our amendm'' and re- 
turned the same Bill, This latter Bill excluding some part of 
our amendm'' and altering other p'^t thereof w'^'out reasons 
given for the same — This board adheres to the former Bill 
and amendm*' sent to the Deputyes And agree not to the last 
bill sent here from the Deputyes And this board is ready 
according to the orderly p^'ceedure of the gen'all Assembly to 
heare in Conference or otherwise such reasons w'^ the Dep- 
utyes may oifer agst these amendm'^ made by vs & sent w'^ 
the former Bill to the house of Deputyes, ordered that Captn 
Berry and Benj^ Price carry up this Message. 

A Bill sent here from the Deputyes ags* the sale of strong 
Liquors to the Indians w'''' being read some amendm'' were 
made therein And ordered that the same be transcribed w*** 
the amendm'^ and sent to the Deputyes for their Concurrance 
and that Captn Berry and Captn Sandford carry vp this Bill. 

The bill Entitled an Act for the Due Regulacon of Execu- 
cons — sent here from the Deputyes w''' an amendm' of these 
words viz' (men of good reputacon) to w""*" amendm* this board 
agreed — 

A Message from the Deputyes in writeing viz' 

Considering the season of the yeare and the necessity of 
the Representitives of this p'^vince to bee at their habitacons 
the wether being so wett by w'''' reason their Cropps of Corn 
may be in much Danger to their great Damage and Losse w'^'' 
possibly may be p'"vented by their Speedy repaireing home 

6 



82 NEW JERSEY COLONIAL DOCUMENTS. [1683 

wherefore the Deputyes mooves for an Adjournm' of this 
Assembly till the Third Tusday in October next 

Eliz : Towne ) p'' order of the house 

May 22''' 1683/ John Bound 

Adjourned to 7 A Clock tomorrow morneing 

Att a Councill held the 23"' Day of May Anno Dili 1683 

p^sent The Deputy Governor & p^pr 

Sam" Groome p'^pr 

Captn Berry ^ 

Captn Sandford !/.,/-, .ii 
^ -r, , > 01 the (JounciU 

Captn maimer j 

Benj* Price j 

A Message from the Deputyes in writeing to The Governor 
and Councill. 

w'''' being read and the Messengers viz' Richard Hartshorne 
Sam" Moore and four more being here Supposeing the same 
not admitting of the Councills Concurrencie or opposition or 
reasons to the Contrary, therefore the Messingers carryed 
back the said Message 

A Bill to Regulate Treaties w"' the Indians read and agreed 
the same be signed and sent up to the Deputyes by Captn 
Berry and Captn Sandford 

A Bill Entitled an Act ags' tradeing w'*" negro Slaves being 
read agreed the same be Transcribed and sent up to the Dep- 
utyes by Captn Sandford and Benj* Price. 

A message from the Deputyes in writing viz* 

To the Governor and Councill 

This house Desires that there may be an amicable Concur- 
rance between the Governor Councill and Deputyes for an 
Adjournm' to the 3'' Tusday in October next and that the 
Deputyes of Each respective Towne at the publicacon of the 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 83 

Laws may give notice to the Inhabitants of Each Towne that 
if any Debts be oweing to them from the Country they may 
bring in their accompts to this Assembly at the next Sessions 

Mess : M"" Hartshorne & 



p"" order of the house 
M-^ Moore j 

Eliz: Towne 1 John Bound 

May 23''' 1683 / 

The Governor and Councill having Considered of the Mes- 
sage in writeing this Day sent from the Deputyes by Richard 
Hartshorne and Sam" Moore Do Declare that they are and 
ever shall bee ready Amicably to Concurr w**" the Deputyes 
for an Adjournm' of the gen'all Assembly according as is 
p'^scribed in the gen'all Concessions of this p'^vince, w'^'' Directs 
the same But the Deputyes intimateing the publicacon of the 
Lawes now made it's the sense of this board, That for the 
tyme the gen'all Assembly have now sate Dureing the last 
Session or meeting (w*"'' is but a continuance of the fformer) 
there has been so few Bills passed into Acts That the publica- 
con thereof must rather occacon missapp'hencons amongst the 
people then satisfaccon And in as much as there are sev'all 
necessary Bills now Depending in the gen'all Assembly w"*" 
are not yet Concluded and passed into Acts Altho of p'"sent 
necessity for the good of this p'"vince, ffor want of w"'' this 
board is senceable, occasion has been taken to Reflect (dureing 
the late Recesse) upon the Governm' and p'^ticularly vpon the 
Governor and Councill, Therefore to remove all just occasion 
to be taken ags" us or the house of Deputyes we cannot but 
p'"pose it as our sence that it's verry necessary that in gen'all 
Assembly we either pass those Bills into Acts wh"'' lye before us 
before our Adjournm' or otherwise agree in an amicable way to 
satisfie the Country wee will not at all medle w"" the same as not 
of Service to the Country and o"^ Duty therein And so soone 
as in gen'all Assembly we have Duly Dispatched the same the 
Governor and Councill are and shall be willing (no Inevit- 
able accident p'venting) Amicably to Concurr w''' the Deputyes 



84 NEW JERSEY COLONIAL DOCUMENTS. [1683 

in the adjournm* p'posed and as they have Desired in their 
Message now sent vs ordered that Captn Berry and Benj* 
Price carry this Message to the Deputyes. 

A Bill Entitled an Act ags* tradeing w* Negro Slaves this 
Day sent to the Deputyes was sent back w*'' their Concurrence 
thereto w* out any amendm*'. 

The peticon of Sam" Moore late p^'vost Marshall of this 
p'"vince now high Sheriife of the County of Middx and the 
keeper of the Comon Goale for this p'vince being read therein 
setting forth his former great Cost and Charge in keeping and 
maintaineing the prisoners w**" out any allowance for the same 
w'''' charge is yet Continued upon him there being noe p'^vis- 
sion to this Day made for him. It is the sence of this board 
as well his former as his latter Charge expended is p'^vinciall 
and ought to be borne by the Country for wose service it is. 
Therefore it is ordered that his Case bee recommended to the 
Deputyes now assembled that they may Consider of some 
eifectual way for his redresse, And it's further p^posed that the 
peticoner being in a p^ticular of his Charge that some Due 
Course may be taken to settle by Act of Assembly or other- 
wise such a Sallary on that office or other p'vision that the 
office w** is so necessary may not onely be borne w'^out Cost 
or Charge to the officer but a due Encouragem' for such who 
undertake the same, it's ordered that Captn Berry and Cap*" 
Palmer carry vp our sence to the Deputyes. 

Adjourned to 7 A Clock to morrow morneing 

At a Councill held the 24*'' Day of May Anno Dfii 1683 

p'^sent The Deputy Governor 
Captn Berry ^ 

Captn Palmer « 

Captn Sandford f «^ ^^^ ^^^^^^^^ 
Benj* Price j 

A Message left here last night after the Adjourm' of the 
Councill & is in writeing viz' 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 85 

This house desires such a number of the Comitte as the 
Governor and Councill will please to appoint may meet five 
of this house in a Coinitte to morrow morneing about 8 A 
Clock to Debate the Bills concerneing the militia and the 
p''hibiting of selling of Drinke to the Indians 

p'' order of the house 
Eliz: Towne 1 John Bound. 

May 23**^ 1683 J 

Ordered that a Comitte be appointed by this board to Con- 
firr w"" the Deputyes as in their message is directed 

Ordered that Captn Berry Captn Palmer and Captn Sand- 
ford go to the hovse of Deputyes and acquaint them therew"" 
and that they also attend that service and make report of what 
they Doe therein to this board. 

Captn Berry reports from the Coinitte appointed that their 
Debate was onely on the two Bills above menconed And first 
as to the Militia, — they Debated as to that Clans wherein by 
the second bill sent from the Deputyes the Townes are to 
nominate and appoint their own officers whom the Governor 
and Councill should Coinissionate. The Deputyes said that 
the [they] would bee thankeful if it would be granted, and if 
not they would not contend for itt. 

As to the Clans being the p'amble setting forth that by the 
Concessions the gen'all Assembly should by Act Constitute 
Train'd bands &c — to this the Deputyes objected that Such 
Clans was a Confirmacon of the Concessions w'^'' the [they] 
would not. — It was oifered by the members of the Councill 
that w'^'out the Clans of the Concessions they have no power 
to concerne themselves about the Militia for that it is a p'rog- 
ative due to the Governor and so is in all Goverm" in America 
and it was replyed that they did as respecting naturall Safety 
w"^ all were concern'd in — to w*"'' they were answered that 
then they ought by Addresse or peticon to have made their 
Desire Knowne to the Governor and Councill and not by Bill. 

Vpon Consideracon of the force of the matters Debated 



86 NEW JERSEY COLONIAL DOCUMENTS. [1683 

about the Bill for setling the Militia it is the sence of this 
board that the recitall of the Claus of the Concessions is a 
truth and plainely and gennuinely recited, and to sett forth in 
a Bill of gen'all Assembly the reason wherefore a matter comes 
in Act before the Assembly is necessary espetially in setleing 
the Militia w*^ is a p'rogative and right in the Governor and 
Councill if the Concessions gave not the priviledge thereof to 
the gen'all Assembly — Therefore it is the sence of this board 
that the Governor and Councill ought not to Condiscend to 
passe that Act of the Militia w^'out that p^'amble — the Gen'all 
Assembly haveing no power to settle the same but by the 
Concessions, And the Governor and Councill are of opinion 
that al'tho the setling of the Militia bee a matter requisite for 
the quiet peace and safety of the p'vince yet w"" respect to the 
Concessions will not Doe it by their owne Authority untill 
there has been tyme and opp'"tunity given to the gen'all As- 
sembly to settle the same according to the Concessions. And 
the Governor and Councill do adhere to their Amendm** of 
the said Bill in all parts as they amended the same and cannot 
p^'ceed vpon the second Bill sent here from the house of Dep- 
utyes, however the Governor and Councill are willing and 
shall agree to a ffree debate w"' both houses, if the Deputyes 
have reasonable Exceptcons agst the Bill as it was sent up 
from this board to them desire the same. 

Captn Berry reports from the CoiTiitte meet this Day about 
the Bill to p''hibitt the sale of strong liquors to the Indians — 
The Members of the Deputyes insisted to have the Bill of 
p^hibition to passe w^'out any the p''visoes here inserted by the 
Governor and Councill, vpon Consideracon thereof it is 
agreed that the Latter p'visoe shall bee waved and not insisted 
vpon by us, but the former wee adhere vnto and are ready to 
allow a ffree Conference of both houses to hear their reason- 
able excepcons agst the same, if they have anything to offer 
agst the same. 

Adjourned to 7 A Clock to morrow morneing 



1683] JOURNAL, OF GOVERNOR AND COUNCIL. 87 

At a Councill held 25* Day of May Anno Dili 1683 

p'"sent The Deputy Governor 
Captn Berry ^ 

Captn Palmer ' 

Captn Sandford & • 
Benj* Price j 

A Bill sent here from the Deputyes Entitled an Act con- 
cerneing Juryes w"^ being read and Considering that the Bill 
p^'vides for grevious punishm* of Sheriifes for misbehaviour 
in their office before any p'"vission made by Act of Assembly 
sufficiently to punish such p^'sons as shall not take vpon them 
the office of Sheriife when CoiSissionated which p'"vission in 
the latter before the former is to Deter p'^sons from beareing 
that office and obstinately to refuse the same. Therefore it's 
the sence of this board that a short Bill be drawne up by the 
Governor and Councill to punish such as shall refuse to exe- 
cute the Sheriifes office when Comissionated, and send to the 
Deputyes for their Concurrence, that the same being passed 
into Act wee may consider of the Latter in it's due place and 
order of tyme — ordered that Captn Berry and Captn Palmer 
carry this Message to the Deputyes 

A peticon from Marie Pope for meadow to be laid out w"' 
her Land agreed that the same be read when Sam" Groome is 
here. 

A peticon from the Deputyes for Piscattaway Desireing a 
grant of all the Lands w**" in the Indian purchase for ffour- 
teen pounds p'' Ann — was here read — And Edw : Slater and 
John Gillman being then p'sent they were Answered that 
their request was not intelligeable the quantity of Lands 
w*''in those bounds being vncertaine That if the Land were 
Surveyed that we might know the number of Acres, and they 
then desired a Charter for the same, wee would inquire into 
their p^'posall and give o'' Answer, for these reasons at p''sent 
wee could not. 

Adjourned to 7 A Clock to morrow morneing 



■88 NEW JERSEY COLONIAL DOCUMENTS. [1683 

Att a Councill held the 26'*^ Day of May Anno Dfii 1683 

p'^sent The Deputy Governor 
Sam" Groome ^ 

Captn Berry ; 

Captn Palmer & ,' 
Captn Sand ford j 



of the Councill 



A Message left here last night from the Deputyes w"' the 
Bill Intituled an Act to punish such who take not vpon them 
the office of Sheriife when Coiiiissionated w"' the Deputyes 
amendm'*. The Message as followeth. 

The reasons why the house of Deputyes cannot submitt to 
the Bill sent from the Governor and Councill as it is there 
stated about the Sheriffs refuseing their office when CoiTiis- 
sionated is, That the p'vince being as yet in his minority and 
most of the ffreeholders of this p'^vince being but men of 
meane Estates, This house thinkes that such a fine may tend 
to the great impoverishing of the families of some that are or 
may be Chosen to the office of SherifFe and therefore Doth 
humbly offer this their Bill 

May 25* 1683 p^ order of the house 

John Bound 

Vpon reading and Considering the Message yesterday sent 
from the Deputyes relateing to the Bill to punish such who 
take not upon them the office of Sherifte when Coiuissionated 
and the Deputyes Alteracons or Amendmen*^ of that Bill It's 
the sence of this board 

1st That the gen'all Assembly haveing passed a Bill that 
in Each County of this p'vince there should be a Sheriffe, 
and for that for the necessity of it, w"*" they Declare their 
Reasons for that Bill. 

2 That insomuch as the office of Sheriffe is one of the 
greatest office of Trust and power in Each County in this 



J 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 89 

p''vince, And therefore ought to be of persons of most ability 
in Estates and Capacity in understanding 

3 In that it is judged that their Miscarriage in office ought 
to be grievously punished not onely to answer for their Mis- 
carriages to the king, but to satisfie all p'"sons who shall suffer 
p'judice by their Misdoeings 

4 That Considering the Cost and Charges of calling Coun- 
cills for Chooseing and Coiuissionateing such officers from 
tyme to tyme hath hitherto bin and must be boorne by the 
Governor and Goverm' and not by the p'^ticular Countys till 
it's otherwise p''vided. 

5 And the amendm" the Deputyes have made to the Bill 
will rather Encourage p''sons of Estate Ability and Capacity 
obstinatly to refuse then to take vpon them the office of 
Sheriffe. 

It's the sence of this board that for these reasons and what 
other is contained in the said Bill by vs sent vp That we can- 
not in Justice or honour to the Goverm' condiscend to the 
amendm^ made by the Deputyes to the said Bill but for the 
said Reasons do adhere to the bill as the same was sent vp, 
And Desire the Deputyes Concurrence thereto — otherwise the 
Governor and Councill shall be ready in a ffree Debate of both 
houses if the Deputyes ' agree, thereto vindicate the same or 
receive any matter or thing the Deputyes shall oifer ags* the 
said Reasons 

And this board takeing into Consideracon the Bill yester- 
day sent from the Deputyes Entituled an Act concerneing 
Jurys, Do Declare as their sence that every false and malitious 
act or thing Don by a Sheriffe or Bayliffe they are punishable 
for the same w*out any Act made, but it seems unreasonable 
to this board 1'' That the Deputyes should offer a Bill to 
Inflict greivous punishm*' vpon an officer Comissionated before 
any p'"vissiou is made for Sallery or Reward for such officer 
for the Doiug of his office. 



90 NEW JERSEY CXDLONIAL DOCUMENTS. [168S 

2 That whilst the Deputyes p'^pose an inconsiderable ffine 
to be imposed on an officer for wholely refuseing an office v/"^ 
is Declared of necessity — They should appoint greivous pun- 
ishm' for a Miscariage in that office, and for Acts that are 
neither malitiously or knoweingly Don, The Consequence of 
w*^*" is rather to Deterr and discourage p^'sons from beareing 
office then officiating such as are Declared by Act of Assem- 
bly to be of necessity in this p'^vince 

All w''' the Governor and Councill are ready to maintaine 
in a Ifriendly Debate w**" the house of Deputyes, if these our 
reasons in writeing give them not plenary Satisfacon 

ordered and Agreed That Captn Berry and Captn Palmer 
carry up the said Message and call of the Deputyes for their 
Concurrence to 8ev'"all Bills sent to them from the Governor 
and Councill now remaineing w''' them to w'^'' the Deputyes 
haveing not returned Answer according to the Rule and Cus- 
tome of gen'all Assembly's viz' The Bill Entitled an Act for 
the Militia. The Bill Entituled an Act to p'vent the Sale of 
Strong Liquo's to the Indians. The Bill to Regulate Treaties 
w"' the Indians. The Bill for makeing and setling of high 
wayes passages bridges and ffijrryes w^'in this p'vince. 

Vpon Consideracon of the Bill this Day sent from the 
Deputyes to p''vent the raiseiog or imposeing any tax &c 
upon the people of this p'vince but by Act of gen'all Assem- 
bly — It's the sencftof this board that all the matters to be 
p'vided for in the said Bill are already sufficiently p'"vided for 
and the lib'ty of the tfree people of this p'vince amongst other 
things fully secured by the gen''all Concessions of this p'vince. 

The peticon of Mary Pope to have a p'"porcon of Meadow 
to 100 acres of upland alread laid out — vpon Inspeccon of 
the Booke of Record of this p''vince it appeares that the 28"' 
of March 1676 there is a warr' to lay out for John Pope a 
100 acres of vpland and meadow in p'porcon — It's ordered 
that vpon the petico" paym' of the arrearages of Quit Rents 
and takeing a pattent she may have a warr' to lay out the 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 91 

Meadow Desired and it's referr'd to the Deputy Governor and 
Surveyor gen'^all to see the same effected. 

The peticon of Jane Ogden for 300 acres of Land in Eliza- 
beth Towne for her husbands rights according to Concessions 
It's ordered that it be referred to the Deputy Governor and 
Surveyor gen'all to examine what Lands have bin laid out or 
taken vp by the husband in his life tyme— That according to 
Concessions she may have her just rights 

The peticon of Robt Stivers Blacksmith of Elizabeth 
Towne for Lands according to the published Concessions of 
the p^sent Lords p^prietors— It's ordered that the Surveyor 
gen'all lay out such p'portion w"'in the bounds of Elizabeth 
Towne according to the Tenor of the said Concessions and 
that the Deputy Governor issue out a warr' to the Surveyor 
gen'all Accordingly. 

The peticon of Benj* Price Jun' of Elizabeth Towne setting 
forth that in the yeare 1676 he had a warr* from the late 
Governor and Councill to the then Surveyor gene'all to lay- 
out for him 90 acres of vpland and meadow in p'porcon w"^ 
hitherto hee Could not p'^cure to be laid out for him — It's 
ordered that the Deputy Governor issue out his warr' to the 
Surveyor gen'all to lay out the said Lands w'^ in the bounds 
of Elizabeth Towne according to Concessions. 

The peticon of Daniel Hoop to have the Land ordered him 
in March last vpon the Raritan River to bee Survey'd, It's 
ordered that the Deputy Governor issue out his wan* to the 
Surveyor Gen'all to Survey the same Land in order to the 
pattenting the same. 

The peticon of Joseph Ogden Son of John Ogden deceased 
of Elizabeth Towne to have 90 acres of upland and meadow 
in p'porcon w*in the bounds of Elizabeth Towne according 
to a warr' formerly granted by the late Governor Phill Car- 
teret Esq" and to have the same laid out as hee has formerly 
pitch't upon. It's referred to the Surveyor gen'all to Inquire 
of [if] the same land by him pitch't vpon be not in p^iudice 
to any others right — and report thereof to the Deputy Gov- 



92 NEW JERSEY COLONIAL DOCUMENTS. [1683 

ernor, it's referred to him to issue out a warr' to survey 
the same in order to the pattenting thereof according to 
Concessions. 

A Message from the Deputyes in writing as followeth 

The House of Deputyes takeing into their Serious Con- 
sideracon, The weight of some Bills lyeing before them sent 
from the Governor and Councill to this house Desires that 
they may first have tyme allowed them to acquaint the In- 
habitants of this p'"vince that hath Delegated them w"" the 
Contents thereof for their Advice and orders in the p'misses 
And to that End Doth humbly offer for an Adjourm* to the 
Third Tusday in October 

p' order of the house 

May 26'" 1683 John Bound. 

Ordered that Captn Palmer and Captn Sandford forthw"" 
go to the Deputyes and acquaint them that vpon Consideracon 
of their Message this board agrees that they imediately Attend 
the Governor and Councill to Consider the subject matter of 
their Message in order to an Adjournm* 

A Conference had w''' the Deputyes wherein after many 
things was p''posed to Confirme make voy'd or Review the 
gen'^all Concessions of the p'vince That the p'^vince might 
bee at some certaintie of the Ground & foundacon on w'^'' we 
stand after some further Debate and the Deputyes Consulte- 
ing apart The speaker returned Answer that the Deputyes 
next second Day morneing 6 A Clock would meet and Con- 
ferr w"' the Governor and Councill about the Concessions 
Adjourned 6 A Clock nex 2*^ Day morneing 

Att a Councill held the 28"' day of may Anno Dni 1683 

p'"sent The Deputy Governor 
Captn Berry 
Captn Palmer 
Benj^ Price 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 93 

A Message from the Deputyes in writeing as followeth 

To the Governor and Councill 

This house according to the Debate on Satterday the 26*'' 
instant hath appointed ifour of their Members to meet such a 
number of the Councill as the Governor and Councill shall 
see meet — 

p'' order of the house 
May 28''' 1683 John Bound 

Benj^Parkis&lj^^^g 
John Gillman j 

The Governor and Councill vpon Consideracon of the mes- 
sage now sent from the Deputyes It's ordered that Captn 
Berry and Captn Palmer forthw"* repaire to the Deputyes and 
acquaint them that the Governor and Councill Do Concurr 
V their p'position and have agreed that the Governor and 
all the Councill now in Towne meete w"' the Deputyes in the 
p'posed Conference onely this is the further sence of this 
board that the Conference be ffree and before all the Deputyes 
now in Towne that all p'^sons Concern'd may have a full and 
Cleare vnderstanding of the matters in Debate And no opper- 
tunity given of misreporteing the matters Debated. And that 
the Conference be forthw"' in the Councill Chamber 

A Message from the Deputyes in writeing viz' 

To the Governor and Councill 

According to our Message this morneing this house has 
Chosen four of their Members to meete as many of the Coun- 
cill as the Governor and Councill shall see good to appoint 
w*'*' said members are ready to attend — 

p"" Order of the house 
Joseph Parker & 1 at John Bound 

Henry Lyon / 
May the 28'" 1683 



94 NEW JERSEY COLONIAL DOCUMENTS. [1683 

It's agreed that Such Conference as is p'posed be ffree and 
w"' Such Members as the Deputyes by their Message say the 
[they] have appointed and that the Governor and Councill 
lay aside all other matters and give way to the said Conference 

Richard Hartshorne Edward Slater Thomas Johnson and 
John Gillman came here in pursuance of the Message Sev''all 
people came in wherein was related our former p'"ceedure w*'' 
the Deputyes, — and some p'"ticulars relateing to the Conces- 
sions — Richard Hartshorne alledged hee was to meet a Coiiiit- 
tee of the Councill and not the Governor in Councill — it was 
Answered that our Message was to acquaint them the Gov- 
ernor and all those of the Councill in Towne should meet 
them and their Answer to o''s did not oppose it — soe wee 
desired a free Conference w* both houses — After a long stay 
till past Twelve A Clock It was agreed and ordered that the 
further p''ceedure on such Conference as p''posed should be 
Deferr'd till Wednesday morrow morneing 7 A Clock To w"'' 
tyme the Councill Adjourn'd accordingly 

Adjourn'd to 7 A Clock Wednesday morneing 

Att a Councill held the 30"' Day of JVIay Anno Dili 1683 

P'^sent The Deputy Governor 
Captn Berry ^ 

Captn Palmer ' 

Lawrence Andresse f ^^ ^^^ ^^^^^ '' 

I 

Benj* Price j 

A message from the Deputyes in writeing 

To the Governor and Councill 

The house of Deputyes haveing some'things in Considera- 
con at this p''sent Crave the patience of the Governor and 
Councill awhile for the Deputyes waiteing vpon them and 
they will attend as soone as possible 

Answer was given them the Governor and Councill were 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 95 

ready when the Deputyes would Come here and that they 
might take their owne tyme 

In the afternoone the Deputyes came Downe & Delivered 
in this paper following viz' 

Whereas on the 26"' instant the Governor and Councill 
vrged the Deputyes for an Answer either to owne the Conces- 
sions or Deny them our possitive Answer is wee Disowue 
them — 

"May 30*^ 1683 p' order of the house 

John Bound. 

The Governor and Councill then takeing the same into 
Debate in Free Conference w"' the Deputyes acquainted the 
Deputyes, first that owneing or Disowneing was not a terme 
vsed by the Governor and Councill but the p'"position was the 
26''' to Confirme make voyd or review the Concessions of w"'' 
this is not or p'"posed in words«of Act of gen^'all Assembly 

2 That the makeing voyd of our fundamentall of founda- 
con of Governm' wa5 not like ministers of State or gen'all 
Assembly but to p"'pose something in the place of that made 
voy'd Considering that the priviledges of gen'all Assembly 
Depends thereon. 

3 That if the [they] had anything to p^pose in order to 
Confirme or make voyd the gen'all Concessions by way of Act 
p'"pose it and as p^t of gen''all Assembly wee are ready to 
Answer the same. 

The Deputyes made Answer that they could not Determine 
any such matter untill they Considered thereof amongst 
themselves. and thereupon w'Mrew from the Councill. 
Adjournd till 7 A Clock to morrow morueing 



96 NEW JERSEY COLONIAL DOCUMENTS. [1683 

Att a Councill held the SV Day of May Anno Dfii 1683 
p'sent The Deputy Governor 



Thomas Warne j 

Captn Berry ^ 

Captn Palmer •' 

Lawrence Andresse & [ ^^ *^^ Councill 

I 
Benj'' Price J 

A message from the Deputyes in writeing 

The house of Deputyes desire the Assent of the Governor 
and Councill for an Adjournm' of this gen'"all Assembly to 
the 3^ Tusday in October next — 

May 3P' 1683 p"" order of the house of Deputyes 

John Bound. 

Ordered that Captn Berry and Captn Palmer forthw*'' goe 
to the Deputyes and acquaint them that the [they] attend 
this board — ordered that the Governor and Councill Concurr 
w* the Deputyes for an Adjournm* to the 3*^ Tusday in 
November next — 

The Deputyes Attending this board by mutuall agreem* of 
the Governor Councill and Deputyes in gen'all Assembly 
mett and Assembled agreed to Adjourne the said Gen''all As- 
sembly to the S** Tuesday in November next to w'''' tyme the 
said gen'all Assembly Adjourned accordingly — 

The petican of William Broadwell of Elizabeth Towne 
Setting forth that he had a warr' from the late Governor and 
Councill 26 ffeb 1679— to lay for him in Right of his wife 60 
Acres of Land Agreed that in Case hee make his rights to 
appeare to the Deputy Governor and Surveyor gen^^all that 
then the Deputy Governor Issue out his warr' to the Surveyor 
gen^^all to lay out the same according to the peticon 

The peticon of Robert Travis Blacksmith of Elizabeth 
Towne setting forth that in the yeare 1679 as a free man he 
Came into this p'^vince and has been ever since here resident 



1683] JOURNAL OF OOVERNOR AND COUNCIL, 97 

Desires Land according to the now Lords p'^prieto'^s published 
Concessions Agreed and Ordered that this matter be left to 
the Deputy Governor and p'"prietors now in this p^'vince to 
search into the Truth of the Allegacon — and if they see cause 
that the Deputy Governor issue out his warr' to survey and 
lay out the same as Desired. 

The peticon of ffrancis Drake of Piscattaway seting forth 
that 28* flFeb 1681 hee had a warr* from the Late Governor 
for 120 Acres of Land w^^'in the bounds of Piscattaway — 
vpon examinacon it appeares not wherefore the same warr't 
was granted — and that his p'^tence is Convey'd or Assigned to 
Daniel Hooper The Substance of the same peticon is left to 
the Consideracon and Determinacon of the p'sent p'"prieto''s 
and if they see cause the Governor to issue out his warr' for 
laying out the same as Desired — 

The peticon of Richard Gierke of Elizabeth Towne for 300 
Acres of Land for head rights according to the Concessions 
Agreed and ordered that he makeing his rights appeare to the 
Governor that then a wart' be issued out by the Governor to 
the Surveyor Gen''all for laying out the same according to the 
Tenor and eifect of the peticon — 

The peticon of Gersham Bowne by Joseph Bonbridge his 
Attorney to have a pattent for 500 Acres of land according 
to the order of Councill the second of March last at a |^ p"^ 
Acre, and the Addicon of 120 Acres att such rent as the 
p''prietors and the peticoner cann agree — It's ordered the 
matter of the peticon be left to the p''sent Deputy Governor 
and Surveyor gen'all to Determine and Agree w* the peti- 
coner to make a pattent for part or all as they see meet 

The peticon of Joseph Bainbridge for the like quantity of 
Land upon the termes above expressed it's ordered and agreed 
that the like reference bee as in the peticon last above men- 
tioned — 

The peticon of Jeremy Markham read — Desireing that 
land may be laid out for him w*in the bounds of This Towne, 
according to the p^portion expressed in the now p'^prieto'^s 

7 



98 NEW JERSEY COLONIAL DOCUMENTS. [1683 

Concessions — It's ordered and agreed that he makeing his 
right appeare the Deputy Governor issue out his warr' for the 
laying out the same as is peticoned — 

Vpon the Inspeccon of the gen'^all Concessions of this 
p'vince, And vpon Consideracon of the Absolute necessity of 
Laying out of Lands (Agreed and Ordered by the Governor 
and Councill to bee laid out and Survey'd) to sev^'all p''sons, 
who have peticoned to have the same in pursuance of their 
respective Rights granted by the said gen'^all Concessions — 

It is Agreed and Ordered that the Surveyor gen'all Do not 
onely make such Subscripcon for the faithful p''formance and 
Execucon of his office but also p'sent vnto the Deputy Gov- 
ernor Two or more Deputy Surveyors for the more eflPectuall 
performance of that office of Surveyor who may make such 
subscription for the ffaithfull p''formance of their respective 
Dutyes in that behalfe And in Case the surveyor gene^all 
shall not p^^sent such p''sons for Deputyes vnto the Deputy 
Governor w"'in the space of ifourteen Dayes now next Ensue- 
ing That then the Deputy Governor appoint and Coiuissionate 
Two or more p^^sons skillfull in Surveying Causeing the said 
p'sons to make such Subscripcons as aforesaid w'"' said p''sons 
so p'sented appointed and Couiissionated and Subscribeing as 
aforesaid shall and may execute all warr''' given out vnto them 
for Survey and make returns thereof in order to the pattent- 
ing of Lands that right may be Don vnto all p^^sons and Jus- 
tice neither Deny'd or Delay'd to be Don vnto every one The 
want whereof heretofore Dureing the late Goverm' vnder the 
late Lords p'"prieto''s has bin the occasion of many Conten- 
cons Quarrells and offences taken ag' the Goverm' w* we 
finde is not to bee w%ut trouble and Dificulty Allayed — 

Ordered and Agreed that Eliakin Wardell of Shresburey 
in the County of Monmouth gent bee High Sheriffe of the 
said County and that the Deputy Governor issue out his 
CoiSission to him vnder the Scale of the pe^vince — 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 99 

Att a Councill held at Elizabeth Towne the 14**' Day of 
August Anno Dni 1683. 

p'^sent The Deputy Governor 
Captn Palmer "^ 

Captn Sandford V of the Counc : 

Benj^ Price J 

It's ordered and agreed that a new CoiSission be forthw*'' 
issued out under the seale of this province for the Justices of 
the Court of Cofnon Right And that the Justices to bee Coin- 
issionated vntill the Governor and Councill otherwise Doe 
order shall bee Coll Lewis Morris Captn John Berry Captn 
Palmer Captn William Sandford Benj* Price Members of the 
Governors Councill Thomas Warne Captn John Baker Sam"^ 
Dennes Benj* Parkis Thomas Codrington M^'chant Daniell 
Hooper M'^chant and Lieueten' John Ward. 

Att a Councill held the 15"^ August 1683 att Elizabeth 
Towne — 

p'^sent The Deputy Governor 

Coll Morris 
Captn Palmer 
Captn Sandford j- of the Counc. 

Lawrence Andress & I 
Benj* Price j 

George Heathcott and Captn Vicars being here p'"sent it was 
inquired of Geo. Heathcott whether hee upon any discourse 
w* Governor Carteret Deceased or w*"" Captn Vicars before 
the Comeing of the proprieto" in this province viz' ag' the 
last winter Ever tooke and agreed to take the house where 
the p''sent Governor now lives for winter onely or that the 
proprieto'"^ should come in here as Ten*^ for winter onely — 

George Heathcott affirmes that hee spoke to the late Gov- 
ernor ag* the last winter and his words were to him — That 
hee vnderstood that his father Groom * and some other of the 

* Captain Samuel Groome was the father-in-law of George Heathcott. See pages 
111-112. 



100 NEW JERSEY CX)LONIAL DOCUMENTS. [1683 

proprieto" were then coming over vnto this province And 
said to the Governor that it would bee well if hee would 
repaire the old house for them ag' the winter for their winter 
Quarters — But Denyes that he either tooke the same or Dis- 
coursed to take the same for any tyme (as for the winter) or 
as to take it as a Tenant or looked vpon the house as such — 
Lawrence Andress being desired to appeare as a witnesse 
for Captn Vicars who had alleged that the house was taken by 
the proprieto" for the winter onely and that the proprietors 
came into the same as Tenants — The said Lawrence being 
Desired to express his sence and knowledge thereof saith — 
That hee was p'sent when George Heathcott Discoursed with 
the late Governor Carteret towards the last winter some tyme 
before the Coming of proprietors — And that George Heath- 
cott Did then tell the Governor that hee vnderstood that his 
father Groom and some other of the proprietors were then 
Coraeing over into this province And said to the Governor 
that it would Doe well if he would repaire the old house ag* 
winter for their winter quarters — That there was then meccon 
made that the proprietors were to build att Amboy point — but 
that noe mencon made as if the proprietors were to come in 
as Ten*' or that they were to live in the house as Tenants for 
the winter onely or that they were to Remove from the house 
when the winter was over or when they had built att Am bo 
poynt — noe mencon or Discourse thereof to the best of my 
memory Lawrence Andress. 

Att a Councill held at Elizabeth Towne the 16''' Day of 
August Anno Dfii 1683 

p^sent The Deputy Governor 1 ^ 

Thomas Warne J 

Coll Lewis Morris 
Capt John Palmer 

Captn W"" Sandford J- of the Counc. 
Lawrence Andress & 
Benj* Price 



J 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 101 

The peticon of Captn John Palmer and Tho : Codrington 
here p^'sented vf"^ setts forth that they have formerly had by 
order of this board A warrant issued out according to Cus- 
tome for the survey of a Tract of Land belonging to them 
and their Associates att the Raritan That the warr' has bin 
Delivered to the now Surveyor Generall who refuses to survey 
the same untill the L*^* Proprietors sevenths bee sett out to them 
according to the Concessions — And further setting forth that 
the late Governor Carteret who well knew and was instructed 
[intrusted] w*'' the proprietor's Intrest here, refused to Consent 
that the Land should bee laid out to them before hee had re- 
served to himselfe in his owne name and Ga : Minevell the 
4''' p't thereof w"'' they Conceive was or ought to bee for the 
proprietors sevenths — Captn Palmer w^^Drawing and the same 
comeing in Debate and Consideracon of this board it's agreed 
and Declared to bee the sence of the Governor and Councill 
p^'sent And is given under their hands in writeing as follow- 
eth viz* — Vpon the peticon of Captn John Palmer and M"^ 
Tho. Codrington my sence is that Governor Carteret reserved 
the ffourth part of the purchase to himself as hee was then a 
full Authorized p'son to secure the proprietor's seventh p'^t and 
therefore out of that fourth part the proprietor's Rights is to 
bee required This is the sence of me William Saudford 
This above written is the sence of vs vnderwritten Lewis 
Morris Lawrence Andress Benj* Price — 

Ypon the peticon of Captn John Palmer and Tho Cod- 
rington my sence is that a seventh p^t of that whole Tract of 
Land bee laid out for the proprietor's and then their other 
proportions to bee laid out to them and not otherwise Thomas 
Warne 

Then the further resolucon at that tyme was suspended to 
the next meeting of the Councill 



102 NEW JERSEY COLONIAL DOCUMENTS. [1683 

Att a Councill held at Elizabeth Towne the 30* of August 

1683 

p'sent The Deputy Governor ^ 

Sam" Groome fP^P^ 

Tho : Warne J 

Captn Berry ^ 

Captn Palmer I 

Captn Sandford & f «^ *^^ ^«"°^ '' 

Benj" Price J 

Then was againe Read over the peticon of Captn Palmer 
& Tho Codrington And in writeing Captn Berry gave in his 
sence viz' Governor Carteret having formerly taken up farr 
more Land to his p'ticular [use] than was Due to him by Con- 
cessions or grant of the L*^' propriet'rs my sence is that the 
proprietors seventh p'^t ought to bee taken out of the ffourth 
p* of the above s* Land next to the Piscataway bounds and 
the rest to bee Devided amongst the purchasers — Then Sam" 
Groome saith hee shall not Survey nor set others to Survey 
such Large Tracts of Land as Captn John Palmer and Asso- 
ciates laid Claime vnto in East Jersey vnlesse the seventh or 
a Compensacon for the same Reserved for the use of the pro- 
prieties in such manner as the Concessions Does Direct East 
Jersey 30 6-mo Sam" Groome After a Considerable Debate 
of the p'misses in Councill the Governor proprietors and 
Councill came to this Resolucon viz' — That a warr' bee 
issued out by the Deputy Governor to the Surveyor Gen'^all 
or Deputy Surveyor to Survey layout butt and bound the 
said Tract of Land in manner following viz' — one IFourth 
p''t next vnto the bounds of Piscataway to bee reserved for 
the vses hereafter expressed And the other three ifourth 
p^ts thereof to bee Surveyed and laid out in six equall 
and proportionable parts to and for the use of Captn John 
Palmer Thomas Codrington John White John Delevall 
Richard Hall and John Royse their heires and Assignes 
equally that the proprieto""^ Seventh p''t of the whole Tract of 
Land shalLbee laid out and taken from and out of the above 
menconed 4"" p^t next to Piscataway bounds and that y' re- 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 103 

mainder of the s*^ ffourth p'"t bee reserved to the order and 
Disposition of the Governor and Councill as they shall see 
Cause in Justice and equity And that Captn Palmer Tho 
Codrington &c giveing Accompt of the 4"" p'^t of the Indian 
purchase of all the said Tract that Sam'^ Groome Emburse 
them the same or such p^'t thereof as they have not Received. 

The peticon of Henry Greenland now read the Contents 
whereof were to appeale to the Governor and Councill to Cor- 
rect the Errors of a Judgm* had ag* him in the County Court 
of Essex at the suite of Edward Slater, vpon w'^^ were a 
writt of Error into the Court of Coiuon Right and Judgm' 
there affirmed Vpon Debate and Consideracon thereof it's 
the sense of this board that the Governor and Councill cannot 
Judicially as Governor and Councill Correct the Errors of a 
Judgm* affirmed in the Court of Comon Right nor have 
power to Doe the same. 

A pap"^ brought here by the hands of Stephen Osborne and 
John Arent Subscribed by Isaac Whitehead and by him writt 
by order of the Comitte or p'^sons Deputed by the Towne w''*' 
pap"" was as followeth viz* — 

Whereas it's publickly knowne that Coll Richard Nicholls, 
Did by pattent give and grant unto John Baker John Ogden, 
Luke Watson and John Bayly and their Associates a certaine 
Tract of Land bounded as in the said pattent is fully speci- 
fied — And in as much as the said pattentee's and their Asso- 
ciates hath to this Day by force been p''vented of the peaceable 
Injoym* planting setling and reapeing the benefitt of the s*^ 
grant and pattent afores'^ the w*^"" force wee hope Cannot De- 
prive us of the benefitt ffreedomes and Imunities intended vs 
by the b'^ Grant but on the Contrary from henceforth Doe 
Desire and Expect a Removall of the afores'' ffiarce and ob- 
strucons of a full and ffi'ee Injoym' of the said pattent or 
grant w*"" all its ffreedomes and liuunities w''^ wee finde to bee 
the miudes of the most of the Towne w"" vs and w* will best 
tend to a peaceable and loveing settlem' of the Inhabitants of 
the s"^ Elizabeth Towne and soe Doing will oblige vs to 



104 NEW JERSEY COLONIAL DOCUMENTS. [1683 

]/forme what is required of vs according to the true intent 
and meaning of the s'^ grant and pattent. 

Eliz Towne by order of the Comittee or p''sons 

Augt 30"^ 1683 Deputed by the Towne 

Isaac Whitehead. 

W'"'* being Read and Considered the whole matters alledged 
being neither Matters of Record but meere Allegacons it's not 
knowne to the Governor and Councill Therefore that a due 
Consideracon may bee had to the matters offered and that the 
p''sons Addressing here are Interested therein It's the sence of 
the Governor and Councill That the Addressors here to this 
board Doe bring here the pattent of Governor Nicholls vnder 
the hand of the said Governor and the seale provintiall by 
w"" he made such grant as is alledged That then the matters 
further Alledged may bee taken into Due Consideracon and 
such order and agreem' made therein as may be Consistant to 
Justice and Equity — 

The peticon of James Graham and Sam" Winder in behalfe 
of themselves and Associates here Read setting forth that the 
Governor and Councill Did formerly grant a warr' Directed 
to the Surveyor Generall to Survey a Tract of Land men- 
coned in the s' wan' lyeing on the Raritan River w'^'' warr' 
was Delivered to the Surveyor generall and hee refused to 
yeild obedience thereunto — And Sam" Groome the Surveyor 
Generall comeiug here in Councill and being Desired to exe- 
cute the same according to his Duty and his Coinission either 
in his owne p'son or by a Lawful Deputy — 5^nd it being 
vrg'd to him that the warr* of Survey was neither to Deter- 
mine the proprietors Right unto the sevenths nor to Determine 
any other p^sons rights or p'^tentions — And that neither by 
the Generall Concessions nor by the Governor and Councills 
CoiTiission or Authority it lay in them to grant a warr' to ap- 
propriate a Seventh to the proprietors by and in their warr' 
of Survey but onely to grant warr'' for survey But that the 
Tract of Land being in the hands of the peticoners before 
the p'^sent proprietors Arivall here or Interest in this province 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 105 

it's necessary to know the quantity of Acres therein that the 
same may be appropriated w*"" Respect to the Interest of the 
peticoners proprietors and others concerned And it appeareing 
to this board that the s*^ Sam" Groome has not quallified him- 
selfe or any Deputy Surveyor to Execute the Just warr'' of 
this board — It's ordered by the Governor and Councill that 
in pursuance of the order of this board of the 31 3-mo last 
Phillip Wells bee Deputed and appoint A Deputy Surveyor 
of this Province and that the Governor make him a Coiiiis- 
sion for that purpose and that the s'^ Deputy Surveyor being 
quallified according to the Concessions That hee execute the 
Orders and warr** of the Governor and Councill the said 
Sam" Groome p''emtorily refuseing the same in Contempt of 
this Board — It's therefore agreed and ordered by the Gov- 
ernor and Councill that the Deputy Governor issue out his 
warr' for survey of the said Tract of Land that the same may 
bee disposed and pattented according to Justice and Equity 
to the Respective p''sons haveing Right therevnto. 

The Deputy Governor proposed a matter to the Councill 
for their Advice — viz*^ — That in Conference w'" Sam" Groom 
about a Treaty w"' the Indians for a Tract of Land on the 
Raritan — The D' Governor alledged that it was most safe to 
make out Survey and know the quantityes of Land before 
any Treaty for purchase Sam" Groome alledged hee had 
seene the Land and would Treat Contract and agree before 
markeing or surveying out the Land, whereupon the Councill 
Advised vnanimously that in makeing any purchase of Indian 
Right the same should bee marked and Surveyed not onely 
before paym' but alsoe before any Treaty Contract or Agreem' 
w"" the Natives 

Agreed and ordered that the grant lately had from the 
Duke of yorke to the proprietors bee Entered upon Record. 

Tho. Rudyard 
John Berry 
J Palmer 
W" Sandford 
Benj* Price 



106 NEW JERSEY COLONIAL DOCUMENTS. [1683 

Att a Councill held att Elizabeth Towne 20* November 
1683. 

p'^sent The Deputy Governor 
Captn Berry '^ 

Captn Palmer 1 

Captn Sandford & ( «^ ^^^ C«^°°- 
Benj* Price J 

In pursuance of the Adjournm* of the gen'all Assembly 
agreed upon the last Day of May last past the Major p'^t of 
the Deputyes and Councill mett together in Elizabeth Towne 
and then Adjourned to the 23** Day of November 

Att a Councill held at Elizabeth Towne the 23 November 
1683. 

p'sent The Deputy Governor 
Captn Berry ^ 

Captn Palmer Vof the Counc. 

Benj" Price J 

A Bill sent here from the Deputyes by the hands of John 
Hans &c Entituled an Act for the makeing and setling of 
highways passages landings Bridges and fferryes w'^'in this 
province w* their Concurrance 

Then Adjourned till 8 a Clock tomorrow morneing 

Att a Councill held at Elizabeth Towne the 24* of Novem- 
ber 1683 

p'^sent The Deputy Governor 
Captn Berry "^ 

Captn Palmer « , 

Captn Sandford f ^^ ^^^ ^«^^^- 

Benj* Price J 

A Bill sent here from the Deputyes Intituled a Bill for the 
more Regular ordering of fences w'*" being Read Agreed that 
the Governor and Councill Concurr therew* and that the 
same bee signed by the Governor — 



1683] JOURNAL OF GOVEBNOR AND COUNCIL. 107 

A Bill sent from the Deputyes for the further Explenacon 
of the Law in the Month called May 1683 concerneing swine 
agreed that the Consideracon thereof be DeiFerd vntill the 
26"" Instant and that the Members of the Councill take op- 
portunity in the meane tyme to Confer with the members of 
the house of Deputyes about the same — 

Att a Councill held att Elizabeth Towne the 26"^ Day of 
November 1683. 

p'^sent The Deputy Governor 

Captn Berry ^ 

Benj' Price Vof the Councill. 

Captn Palmer J 

A message from the Deputyes as followeth. 

The house of Deputyes have made Choyce of M"" Sam" 
Dennes and John Hans to Joyne w"" a Com'*'" from the Gov- 
ernor and Councill to Consider of the Bill concerning the 
prohibiteing the sale of strong Drinke to the Indians. 

By order of the house 

John Bound. 

Agreed that the Governor and Councill bee in a Com'"" to 
meete the Deputyes on the subject matter of the message 
above — 

The Com*** mett and Considered of severall heads in order 
to draw up a Bill — 

Then Adjourned to 8 a Clocke tomorrow morneing. 

Att a Councill held att Elizabeth Towne 27"^ of Nov 1683. 

p'^sent The Deputy Governor 

Captn Berry ^ 

Captn Palmer >of the Counc. 

Benj^ Price J 



108 NEW JERSEY COLONIAL DOCUMENTS. [1683 

Agreed that Captn Palmer Draw vp a Bill on the subject 
matter on w"*" the Com*** yesterday Consulted 

The Bill being drawne up and Read agreed that the same bee 
Transcribed and sent to the Deputyes for their Concurrence 

A Bill sent from the Deputyes Entitled an Act to p'"vent 
Tipling, read and ordered that the Governor signe the same 

A Bill sent from the Deputyes Intituled an Act for Regu- 
lacon of ordinaryes — read and Amended and ordered that the 
same be signed by the Governor and sent to the Deputyes for 
their Concurrence 

A Bill Intituled an Act for the more Regular ordering of 
ffences — order the Governor signe the same 

A Bill sent from the Deputyes Intituled an Act to Incour- 
age the killing of woolves Read and ordered that the Gov- 
ernor signe the same 

The Bill for the explenacon of the Act Conserneing swine 
Amended read and agreed that the same bee signed by the 
Governor and sent to the Deputyes for their Concurrence 

Agreed that Captn Berry and Captn Palmer Carry vp all 
the Bills above mencaned to the Deputyes 

Adjourned to 8 A Clock tomorrow morneing 

Att a Councill held at Elizabeth Towne in the County of 
Essex Nov : 28 1683. 

p'^sent The Deputy Governor 

Captn Berry ^ 

Captn Palmer > of the Counc 

Benj" Price J 

Adjourned to 8 A Clock tomorrow morneing 

Att a Councill held at Elizabeth Towne the 29'^ Nov : 1683. 

p'"sent The Deputy Governor 

Captn Berry ^ 

Captn Palmer >of the Counc 

Benj* Price J 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 109 

A Bill Intituled an Act for the Regulacon of makeing of 
Pattents for Land read and Ordered to bee signed by the 
Governor and sent vp to the Deputyes for their Concurrence 
by Captn Palmer & Captn Berry. 

A message from the Deputyes for a Comittee to Debate 
about horses read and agreed that the members of the Coun- 
cill now p''esent meete the Deputyes in a Com''^ 

The Bill for Regulacon of Ordinaryes — The Bill for the 
Explenacon of y® Act about Swine — A Bill for Regulateing 
Trade w''' the Indians sent by this Board to the Deputyes 
Returned w"* their Concurrence 

The Com^^ meeting Drew vp some heads for a Bill to bee 
prepared— ordered that Captn Palmer Draw vp a Bill to bee 
sent to the Deputyes in order the same may bee passed into 
an Act 

A peticon of Cornelius Longfield setting forth that by 
Consent of the late Governor Carteret hee had purchased a 
Tract of Land of the Indians on the south side the Raritan 
River had a warr' granted him the 25"" June 1681 for the 
survey thereof That it was accordingly surveyed and Desires 
a pattent thereof vpon inspection of the wan' for survey the 
Date appeares to bee altered and the warr' was made as ap- 
peares by the Records the 25"" of Oct 1681 — and the survey 
thereof appeares not to bee the late surveyor Generalls hand 
writeing nor his name thereto but by some other hand and the 
Indian Deed of Sale not Recorded Its agreed that a warr' bee 
Issued out to the now Deputy Surveyor to survey the whole 
Tract of Land in the Indian purchase and that the quantity 
of Lands to bee granted may bee then Considered according 
to Justice and that the Indian Deed of Sale or proofs thereof 
bee Entred on Record. 

Adjourned to 8 a Clock tomorrow morneing. 



110 NEW JERSEY COLONIAL DOCUMENTS. [1683 

At a Councill held at Elizabeth Towne in the County of 
Essex 30* Nov: Anno Dili 1683. 

p'"sent The Deputy Governor 
Captn Berry ^ 

Captn Palmer ! 

Benj-^ Price j ^^ ^^^ ^«"°« 

Captn Sandford J 

Ordered that Captn Palmer and Benj* Price goe from this 
board to the Deputyes and Call of them for their Concur- 
rence to the Bill for the Regular makeing of pattents for 
Land. 

A Message from the Deputyes for a Com^* of some number 
of p'^sons of the Councill and Deputyes about the publick 
Charge of the Country — Agreed that this board Concurr w"' 
them therein and that Captn Berry Captn Palmer Captn 
Sandford and Benj" Price or any three of them Attend the 
same — 

A peticon of Otto Laurence to have a Tract of Land in 
the south River hee had bought of the Indians by Bill of 
Sale Date 2 May 1681 — the bill of sale being produced — hee 
was asked if hee had a warr' from the Late Governor to pur- 
chase of the Indians — hee Answered no hee had often 
Desired but was refused — The Bill of Sale was of Edward 
Slaters writeing — hee being p^sent sayes hee knowes nothing 
of Otto Laurence buying it w^'out warr' being onely Employed 
in it to make the Bill of Sale — 

A Bill for Regulacon of abuses in takeing vp horses Tran- 
scribed Read and agreed to be signed by the Governor and 
sent vp to the Deputyes 

A Bill Entituled an Act for the better Enabling of p''sons 
in this province to Recover their Just Debts ags' non Resi- 
dents read and agreed to bee signed by the Governor and sent 
vp to the Deputyes 

The Two last bills to be sent vp by Captn Berry Captn 
Palmer and Captn Sandford 



1683] JOURNAL OF GOVERNOR AND COUNCIL. Ill 

Ordered that they call on the Deputyes for their Concur- 
rence to 2 Bills sent them the last Convencon — one Entituled 
an Act for the Malitia — the other to Regulate Treaties w"" the 
Indians 

A Bill sent from the Deputyes purporting a grant of a poll 
for the Governors Charge read and the Consideracon thereof 
Defer'd till tomorrow — 

Adjourned to 8 A Clocke tomorrow morneing. 

Att a Councill held att Elizabeth Towne in the County of 
Essex — flSrst December 1683. 

p'sent The Deputy Governor & p'pr 
Captn Berry ^ 

Captn Palmer ! 

Captn Sandford & j 
Benj'' Price j 

Beniamin Price one of the Members of Counc. giveing the 
board to vnderstand that in pursuance of an Order of this 
Board that the Governor had issued out his warr' of the 20"" 
May last past for laying out and surveing to him 270 Acres 
of Land in the bounds of Elizabeth Towne w"" meadow in 
proporcon w'^'' warrant was Delivered to Sam" Groom the late 
surveyor Generall Deceased and not Executed fully, vpon 
Consideracon thereof the said Benj* Price w^'Drew out of 
Councill — It was resolved and Ordered that the Governor 
issue out his warr' to Phillip Wells the Deputy Surveyor to 
survey and lay out the said 270 Acres of Land according to 
the warrant formerly granted and make retorne thereof to the 
Secretary es office. 

The Deputy Governor giveing the Councill to understand 
that after the Death of Captn Sam" Groome the late Surveyor 
and Surveyor Generall the goods and Chattells wares and 
M"'chandises of and in the hands and Custody of the said Sam" 
at the tyme of his Death hee had Caused (most whereof hee 
app'"hended belonged to the proprieto'^s of this province) to be 



112 NEW JERSEY COLONIAL DOCUMENTS. [1683 

apprised and Inventoryed — by ifour Appraisers — had given 
accompt thereof to Geo : Heathcott Captn Grooms sonne in 
Law who absolutely refused to Coneerne himselfe w* the 
Estate — That noe will appeares to be made by the Deceased 
— That the goods and m^'chandises in his hands will Dayly 
suifer losse if not Disposed off — That all the bookes and papers 
of the Deceased are sealed up by the appraisers and now in 
the Deputy Governors house whereby all Recourse thereto is 
prohibited and thereby the Debts lyeing out cannot bee Re- 
ceived — ^v"*" matters being proposed to the Councill for their 
advice it was advised agreed that — 

That the Deputy Governor being the Ordnary of this prov- 
ince and haveing power of Admistration may either take keepe 
or Dispose of the said goods as hee sees Causes — Hee being 
not onely a proprieto" soe principall Creditor in the province 
to the Estate of the proprieto'^s in Captn Groomes hands — but 
as the proprieto'^s Estate was by Bill of Lading Consigned to 
him in Case of Captn Grooms Death — That as to the Bookes 
and pap's in Case that Gawen Laurie the proposed Governor 
arive not heare by the 25"^ instant that then the appraisers of 
the Estate or such of them as Can Attend it takeing such to 
them as they shall see meet open and inspect his pap'^s and 
accompts and after Inventory thereof made Deliver the same 
to the Deputy Governor 

A Message from the Deputyes Desireing somany of the 
Councill as this board shall see meete to Joyne w"" ifour of 
the Deputyes as a Comittee to Debate about Two Bills one to 
Regulate Treatyes w"' the Indians and the other to Regulate 
the makeing of pattents for Land Ordered that the Councill 
here p'^sent forth w"" Attend the said service 

An Act for the Malitia sent here by the Deputyes 
An Act Entituled an Act to p'"vent strangers Comenceing 
vexatious suites ag* the Inhabit in this province also sent fro^p 
the Deputyes 

Agreed that the same bee passed and signed by the Governor 
An Act for the making Rates for severall p''sons as Depu- 
tyes Clarkes &c sent from the Deputyes 



1683] JOURNAL OP GOVERNOR AND COUNCIL. 113 

Agreed and Ordered that the members of this Councill also 
Debate in the Com** p'^posed the amendm* of the Act for the 
Militia and the Act for makeing rates for severall p'"sous as 
Deputy es Clerkes &c and also y'^ poll Act — 

The Com®® mett together and Considered of severall mat- 
ters to bee amended and Carryed vp the 4 Bills for Amendm' 

The poll Bill some amendm*' made Transcribed and ordered 
to bee sent back to the Deputyes 

A Bill Entituled an Act to build y® Conion Goales and 
pounds read — Agreed that the Governor signe the same and 
the same to bee Carryed to the Deputyes by Captn Palmer 
and Benj" Price 

A Bill sent here from y" Deputyes for a poll Tax Agreed 
that the Governor signe the same 

A Bill sent here from the Deputyes Entituled An Act for 
the Regular makeing of pattents for Land w* some Amend- 
jj^ts Ordered the same bee agreed unto and signed by the Dep- 
uty Governor — 

A Bill Entituled An Act for building of CoiSon Goales 
and sent from the Deputyes w''' their Concurrence 

A peticon of Captn Palmer in behalfe of himselfe and 
Thomas Codrington John White and John Rice setting forth 
that they have had severall Tracts of Land Adjoyneing to- 
gether and lyeing on the Raritan River lately surveyed to 
them by order and warrant from the Governor Desireing pat- 
tents for the same — It's ordered that pattents be forthw* made 
to them in pursuance of such surveyes 

WHEREAS Dayly Complaints have bin made to the 
Governor of this province that many p^'sons and Inhabitants 
of this province and others Doe p'sume to Cutt Downe and 
barke Trees for Taning others Doe Cutt Downe Timber Trees 
for pipe staves and other uses vpon any Lands w%ut Leave 
had or obtained from the owners or proprieto'^s thereof to the 
great wast and Destruccon of the Timber and in wrong and 
abuse of the owners or proprieto'"s thereof in Contempt of the 
Law and^Authority of this province — It is therefore Ordered 

8 



114 NEW JERSEY COLONIAL DOCUMENTS. [1683 

that proclemacon bee forthw* made and issued out by the 
Governor to p'^hibite all such felling and Distruccon of Tim- 
ber for the future and that the same be sent into all Countyes 
in this province to bee published w"" the Lawes of the gen'all 
Assembly — That all p^sons offending in the p"'misses may be 
punished for the same According to Law — 

Adjourned to 8 A Clocke next 2 day morneing. 

Att a Councill held at Elizabeth Town 3"^ December 1683. 

p'^sent The Deputy Governor 
Captn Berry "^ 

Captn Palmer I 

Captn Sandford & .r" of the Counc : 

Benj'' Price j 

Thomas Rudyard the Deputy Governor informeing this 
Board that at his Arrivall in this province in November 1682 
hee Imported into the same Two daughters viz' Anne and 
Margerett Rudyard and six servants viz* Isaac Smuton Benj^ 
Griffith Nathaniel Neale Hanna Beamond and Jane Baynes 
for w"*" According to the proprieto'^s Concessions and Agreem'^ 
hee is to take vp and have and Enjoy to him and his heires 
in this province for himselfe as Master of a ffamily 50 Acres 
of Land, for every servant Imported Thirty Acres of Land 
* apeece the whole Amounting to 230 Acres of Land and De- 
sireing the same may bee laid out and Surveyed It is agreed 
and Ordered that a warr* bee made and Issued out under the 
hand of the Deputy Secretary to the Deputy Surveyor to lay 
out the said quantity of Land vpon the River called the 
South River lyeing or Leading into the Raritan River 

A message from the Deputyes Desireing the Governor and 
Councill would be pleased to appoint so many of the Councill 
as they shall see goode to meete Two of the house of Depu- 
tyes in a Com'^^ to Debate Concerneiug the Courts of Coinon 
Right and Courts of Sessions — The Governor and Councill 
takeing the same into their Consideracon Doe order that all 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 115 

the Members of Councill here p'"sent Joyne in the same 
Coinittee w**" the Deputyes 

A Bill sent from the Deputyes Entituled an Act to Rectifie 
some p^'ceedings at Law read and orered [ordered] that the 
same be signed by the Governor for Concurrence. 

A Bill from the Deputyes to Enable 2 Members onely to 
Determine Cases monthly in the Court for small Causes Read 
and Ordered to bee signed by the Governor for Concurrence 

An Address from the Deputyes as followeth. 

To The Governor and Councill 

The Humble Addresse of the rep^'sentitives of the Inhabit- 
ants of this province p'^sent Showeth 

That whereas Captn Baker of Elizabeth Towne from the 
ffirst setling of this province to this Day hath approved him- 
selfe to bee a man evill principled not onely to the Goverm* 
Established in this province but also in all other his Accons 
w""" as wee humbly concieve makes him verry vnfitt for any 
place of Trust either Millitary or Civill Doe request that the 
said Baker may bee Discharged from all and every such offices 
or places of Trust as hee the said Baker holds now in this 
province 

December 3"^ 1683. p"" order of the house 

John Bound 

After the Reading of the said Addresse and Debate thereof 
in Councill all and every the Members in Councill this day 
in Councill Did agree and Advise that this board Concurr 
w"' the Deputyes in their Request — It is therefore Ordered 
that what ever Coinissions are made to the said Captn Baker 
that they bee Recalled and that the said Captn Baker bee Dis- 
charged from all offices of Trust in this province — 

Captn Berry informeing this Board that there will bee a 
necessity to have a Constable yearly Chosen by the Inhabit- 
ants of Hackinsacke and those Inhabitants lyeing and being 
above Bergen Bounds — It's ordered that the Governor issue 



116 NEW JERSEY COLONIAL DOCUMENTS. [1683 

out his warr'' for the Choyce of a Constable in those parts — 
The warr* to bee sent to Captn Berry. 

It's further Ordered that the like warr' be issued forth for 
the Choyce of a Constable by the Inhabitants at Aquani- 
noncke and New Barbadoes necke the warr*^ to bee sent to 
Captn Sandford. 

ffor the better setling and Exerciseing the Militia in every 
County w'^'in this province It is Ordered that there bee one 
Major and so many Captaines Cofnissiouated in Each County 
as there bee Inhabitants to make vp Companyes 

It's Ordered that Captn John Berry be Comissionated Major 
for the County of Bergen — John De Macais Lievtenant — and 
Rouloft Vanderbinks Ensigne — 

ifor the County of Essex, Captn Will Sandford to be Com- 
issionated maior — John Ward of Newarke Lievtenant — Jo- 
seph Johnson Ensigne — It's ordered that Maior Sandford 
appoint an officer to exercise the Inhabitants of Aquaninocke 

ifor the Company in Elizabeth Towne Justice Parker to 
bee Comissionated Captn — George Rosse Lieutenant and John 
woodruife sen" Ensigne 

ffor the County of Middx w*''in the bounds of Piscataway 
Justice Tyler to bee Cofnissiouated Maior — Sam" Dotey 
Lievetenant — and Jediah Higgins Ensigne 

ffor the Inhabitants on Raritan River above Piscataway 
bounds Thomas Codrington Captn of horse — John Rice 
Lievetenant and John White Cornett — 

ffor the Corporacon of Woodbridge the Corp'acon by 
Charter may p'^sent and the Governor approve and Comis- 
sionate — 

ffor the County of Monmouth Captn John Bound to bee 
Comissionated Maior — ffor Middletowne James Grover Lieve- 
tenant — Safty Grover Ensigne — 

ffor Shresbury John Slocomb Captn — George Howlett 
Lievetenant — Lewis Morris Ensigne 

It's also the priviledge for the Corp'"acon of Bergen (as it's 
Alledg'd) to p''sent and the Governor approve — 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 117 

It's Ordered that the Governor forthw"" issue out Comis- 
sions to the severall officers to bee Comissionated as above 
Agreed upon As also to such as hee shall approve of those to 
bee p''sented by the Corporacons of Woodbridge and Bergin — 

Persons proposed and Agreed upon to be the Chiefe Rang- 
ers in and through out this province 

ffor the County of Bergen and Corp'^acon Maior John Berry 

ffor the County of Essex James Emott 

ffor the County of Middx Sam" Dennis 

ifor the County of Monmouth Captn John Slocomb 

It's Ordered that Joseph Baker of Aquapoch bee high 
Sheriife for the County of Bergen and Clais Arentson Toures 
— Coroner — Richard Berry high Sheriffe — Isaac Whitehead 
Coroner — for the County of Essex 

Adjourned to 7 A Clocke tomorrow morneing 

At a Councill held at Elizabeth Towne in the County of 
Essex 4 Dec 1683. 

p'"sent The Deputy Governor 
Maior Berry ^ 

Maior Sand ford i 

Cap' Palmer & - J" of the Counc. 
Benj* Price j 

A Bill from the Deputyes to fine every member of the Dep- 
utyes 5° p"" day for Absence from Generall Assembly read and 
agreed to be signed by the Governor for Concurrence — 

A Bill Entituled An Act for Defraying the publicke 
Charges of this Province being read in Councill and many 
things therein being (in the sence of this board) matter not 
prop"^ to bee Enacted w"'out Considerable Amendm*' Doe pro- 
pose as the most expeditious way for a Right vnderstanding 
to have some Members of the Councill to meete w"* some 
members of the Deputyes in A Com""^ to meete this afternoone 
2 A Clocke And that a message bee sent to the Deputyes to 
that End. Benj* Price to Carry that message — 



118 NEW JEESEY COLONIAL DOCUMENTS. [1683 

The Depiityes and Members of the Councill mett and after 
some Considerable Debate and ^Conference returned to their 
house 

The petic'on of Elizabeth Carteret widd setting forth That 
John Durham has Inveagled her negorine Servant by w'*' shee 
has suffered wrong and Losse of her service — Desireing Jus- 
tice ag' him — The Governor and Councill Considering thereof 
— And being senceable that there are Lawes ag' such matters 
of w'''' shee Complaines — It's the sence of the Governor and 
Councill that shee take her Due Course at Law ag* Durham 
for the same if shee see Cause soe to Doe — 

Adjourned to 8 A Clocke tomorrow morneing 

Att a Councill held at Elz : Towne 5'^ Dec 1683. 

p^'sent The Deputy Governor 
Maior Berry "j 

Maior Sandford Vof the Counc. 

Benj* Price J 

A Bill sent from the Deputyes Entituled An Act for De- 
fraying the Publicke Charges of the province — read and 
ordered that the Governor for Concurrence signe the same 

The Peticon of John Gillman setting forth that hee was 
one of the ffirst setlers in Piscataway brought in severall 
heads has not his Land laid out According to the Concessions 
— vpon Inquirey made it appeares by the bookes of Record 
that the 8"" April 1676 — a warr* was issued out to the surveyor 
Generall then to survey and layout unto him 200 acres some 
part thereof is Alledged to bee AUready Surveyed to him but 
not any Retorne thereof — It is therefore Ordered that the 
Land formerly laid out to him bee againe surveyed and so- 
much more as will make up the 200 Acres all in the bounds 
of Piscataway — And that a warr* bee issued forth to the 
Deputy Surveyor for that purpose — 

A Bill Entituled an Act to p'^vent vexatious Delayes in 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 119 

Law sent from the Deputy es read and agreed that the same 
bee signed by the Governor for Concurrence. 

An Accompt of p''sons and sumes of money to bee paid by 
Henry Lyon out of the moneys raised by the Bill Entituled 
an Act for Defraying the publicke Charges of the province 
w"'' being read — ordered that the Governor signe the same — 

vpon Debate and Consideracon of the Rangers ifees to bee 
paid and allowed by the Respective p''sons Concerned or to 
bee Concerned in the Execucon of the Bill Entituled an Act 
for the Regulateing abuses in takeing up horses 

That these Respective ffees and no other shall bee taken by 
the Chiefe Rangers in this province — viz' 

ffor every horse Mare or gelding or other beast Landed in 
this province or to be Conveyed or Carryed through this 
province to west Jersey or the parts of Delaware or elsewhere 
for the Tolling and Certificate one shilling in silver money or 
the full value thereof 

iFor the examining of a Certificate att Piscataway, or in 
those parts or the supposed last place in the province where 
any horses Mares or geldings or other Cattle may bee Ridd 
Driven or Carryed for every horse Mare gelding or other 
beast in silver one shilling or the value thereof 

ffor the Tolling and Entring the marke of every horse &c 
to be marked by any p'son 3' in money — 

A Bill Entituled an Act for the Regulacon of markeing 
Cattle read and agreed to bee signed by the Governor and 
sent vp to the Deputy es by Benj" Price 

The Bill Entituled an Act for the Regulacon of markeing 
of Cattle Delivered by the Deputyes w"' their Concurrence. 

Ordered that a Comission bee issued out for holding a 
Towne Court in Bergen — Justices or Members Clais Arentson 
Toures p^'sedent Hans Dedricke & Enock Machielson — or 
Two of them. 

Tho. Rudyard 
John Berry 
W" Sandford 
Benj"" Price 



120 NEW JERSEY COLONIAL DOCUMENTS. [1683 

Att a Councill held at Eliz. Towne in the County of Essex 
28"^ Day of ffebruary 1683. 

}/sent The Deputy Governor 
Maior Berry ^ 

Maior Sandford >of the Counc. 

Benj* Price J 

Gawen Lawrie Esq" one of the Lords proprietors of the 
said province p'duced his Coiuission to bee Deputy Governor 
under Robert Berkley Esqr one other of the proprieto" thereof 
and Governor of the said province w'^'' being read it was 
agreed and Ordered that the same Comission bee Entered on 
Record and bee this Day published in the Court of Coiiion 
Right and hee is hereby Recognized Deputy Governor of the 
province of East New Jersey 

The Governor then Declared in Councill that as to the 
Members of Councill here p^sent, viz' Major Berry Major 
Sandford and Benj* Price, that hee heareing soe good a Car- 
recter of their Integrity to the Goverment & province it was 
his will and Desire that they should Continue as Council- 
lo'^s — And further that Captn Palmer of the late Councill by 
reason of his Public Employ in the province of New Yorke 
has Desired a Discharge from the service of this board — And 
that Co" Morris being also mostly Absent and Liveing in the 
province of New Yorke and Lawrence Andress mostly ab- 
sent — it was necessary to appoint others as Addit-on to the 
former Councill viz' Richard Hartshorne of Middletowne in 
the County of Monmouth Sam" Dennis of Woodbridge, 
Henry Lyon of Elizabeth Towne and Captn Thomas Cod- 
rington of Racawackhacca on the Raritan River and that a 
Coiuission bee forthw"* made for the Eight Members of 
Councill to Continue viz' for Coll Morris Major Berry Major 
Sandford Captn Codrington Benj'' Price Richard Hartshorne 
Sam" Dennis and Henry Lyon. 

It's agreed and Ordered that there bee made a new Coiiiis- 
sion for the Justices of the Court of Coiiion Right and therein 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 121 

inserted all the Members of the Councill together w"' David 
Barclay Thomas Warne Lievetenant John Ward and Tho 
Johnson 

Ordered and Agreed that a Declaracon bee Drawne up set- 
ting forth the new Governor's Comission w"" a ConfirmaCon 
of all Comissions Magistrates and officers Civill and Mili- 
tary in the province vntill further Order — 

Adjourned to 8 A Clocke tomorrow morneing 

W\tt (^VVmm and proprietor's of the Province of East 
New Jersey To our Trusty and well beloved Collonell Lewis 
Morris of Shresbury in the County of Monmouth Esq^" 
Major John Berry of the Towne and County of Bergin Esq"" 
Major William Sandford of New Barbadoes in the County 
of Essex Esq' Captn Thomas Codrington of Rackawackhacca 
in the County of Middx Esq"" Benj" Price of Elizabeth 
Towne in the County of Essex gent Richard Hartshorne of 
Middletowne in the County of Monmouth gent Sam'^ Dennis 
of Woodbridge in the County of Middx gent and Henry 
Lyon of Elizabeth Towne in the County of Essex gen' send 
Greeting wee being well assured of every of yo' Capacity 
wisdome prudence and integrity in the managm' of the pub- 
licke aifaires of the said Province Have made Choyce off 
Constituted and appointed, and by these present Doe make 
Choyce off yo" the said Coll Lewis Morris Major John Berry 
Maior William Sandford Captn Thomas Codrington Benj^' 
Price Richard Hartshorne Sam" Dennis and Henry Lyon 
and every of yo" to bee of the Councill for the managm' of 
the publicke affaires of this province and to bee Assistant to 
the Governor or Deputy Governor of the said Province in all 
Debates Consultacons Reselucons and proceedures as well in 
the Councill as in the generall Assembly of this province and 
otherwise and in all Matters Causes Cases and things belong- 
ing to the office and place of a Councillor yo" and every of 
yo" are to Doe and Act to the best of yo' skill knowledge and 
Discretion and According to our Instruccans and the Lawes 



122 NEW JERSEY COLONIAL DOCUMENTS. [1683 

and Constitucons of this province Given vnder the seale of 
the said province this Eight and Twentieth Day of ifebruary 
And in the xxxvj*'' yeare of the Reigne of King Charles the 
second over England &g Gawen Lawrie By order of 
Councill Tho Rudyard Secref^ 

The subscription of the Councill this xxviij"' Day of ifeb- 
ruary Anno Dni 1683. 

Wtt and every of vs whose names are herevnder written 
Doe severly and each for himselfe solemnly promise to beare 
true allegiance to the king of England his heires and succes- 
sors and to bee true and faithfuU to the Interest of the Lords 
Proprietor's of the said Province and to their heires Executors 
and Assignes & Endeavour the peace and wellfare of the 
said province and that every of vs respectively now being of 
the Governors Councill shall and will to the best of our 
Judgm* and at all tymes freely and faithfully give our Advice 
to the Governor for the good managem* of the publicke 
affaires of this province and shall not nor will not Revaile 
Directly or Indirectly to the Injury or p''iudice of the Gov- 
ernor and Lords proprietor's any matters as shall bee Debated 
in Councill or Comitted by them to our Secrecy but in all 
things Doe and Act as true and faithfull Councillors when 
thereunto Required 

John Berry 
Henry Lyon 
Sam" Dennis 
W°r Sandford 
Benj* Price 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 123 

Att a Councill held at Elizabeth Towne in the County of 
Essex 29"" ffeb : 1683 

p'sent The Deputy Governor & p'pr 
Tho Rudyard Secret"^ & p'^pr 
Major John Berry 
Major WSandford 
Lawrence Andresse 
Benj* Price 
Sam" Dennis & 
Henry Lyon 



> Counc. 



The peticon of Jonas Wood of Eliz' Towne setting forth 
that vpon the Death of D'' W" Taylor the Deceased was in- 
debted to him — That he and W™ Broadwell Entred into bond 
after Taylors Death to Admi'ster his Estate — but since no 
Admistracon granted — but that Broadwell notw^standing 
Receives the effects of Taylors Estate but gives noe Aceompt 
thereof to the petieo'' and prayes Admi'straC-on — w''' being 
read the peticoner and Will. Broadwell came before the 
board — Broadwell Denyes hee has rec** anything since Tay- 
lors Death — but by notes and orders from Taylor in his life 
tyme hee rec*^ about 20' and noe more — after hearing of both 
p'tyes it's ordered that Admi'stracon be granted to the petico"^ 

The peticon of Captn Palmer Captu Codrington John Rice 
& John White setting forth that they have had severall 
Tracts of Land att Racawackhacca by Raritan River surveyed 
to them by warr* from the late Governor — Desireing pattents 
for the same — It's agreed and Ordered that they have their 
Lands att Two pence an Acre And have pattents made by the 
Secretary at one halfe penny an Acre they purchaseing at 
Twelve yeares purchase the Tree [three] halfe pence an Acre 
for the Lands they have Respectively pattented to them to 
w'^'' the petico*^^ agreed 

The peticon of James Gray ham, Sam" Winder John 
White and Cornelius Corson to have a pattent of the Lands 
lately surveyed to them lyeing on the Raritan River — Agreed 



124 NEW JERSEY COLONIAL DOCUMENTS. [1683 

that they have their said Lands pattented they paying Two 
pence an Acre — viz' — purchaseing at Three halfe pence an 
Acre att Twelve yeares purchase and paying by pattent ^^ p'" 
Acre forever. 

The peticon of Mary Mitichell widd setting forth that by 
Articles of Agreem' made by Arent Sonimans Deceased w*^*" 
her Deceased husband shee and her ffour young sons were by 
Articles Transported out of Scotland into this province at the 
Charge of the said Arent Sonimans but since their Arrivall 
here no Care has bin taken for their Children they being all 
Arent Sonimans Servan'^ w''^ is to her great Charge and ex- 
pence — Desireing Either that some p^'son for Arent Sonimans 
may receive them or that they may bee Discharged from their 
obligacou vpon Reading the Articles of Agreem* — and David 
Barcley one of the proprieto" and agent or m'"chant for Arent 
Sonimans being here present — It's agreed and Ordered that 
David Barcley reemburse the petico'' for her Charges expended 
in the Childrens maintenance — and that such Inhabitants of 
this province who will keepe the Children vnto seventeene 
yeares of Age & maintaine them may have them bound to 
them to that age — 

The peticon of John Robinson W" Pinhorne Ric : Jones 
and Mathew Taylor praying a Pattent for 2000 Acres of 
Land on the Raritan River w"' lib'ty to Dispose of a Con- 
siderable parcell of Land Adjoyneing or that the proprieto" 
take the said whole Tract of Land into their hands reem- 
burseing the petico" their Indian purchase w'^ Costes and 
Charges — w*''' being read Agreed and Ordered that the petico" 
bring an Account of the Indian purchase and Costes to the 
Governor that then the peticon may bee further Considered — 

The peticon of John Robinson setting forth a Title hee 
holds of Lands from the purchase of Robert Vauquellin of 
700 Acres of Land on the Raritan River — 500 thereof from 
a grant of S'^ Geo Carteret and 200 Acres more for Servants 
Imported according to the Concessions prayes a pattent for 
the same — The matters Admitting of some Dificulty more 



1683] JOURNAL OF GOVERNOR AND COUNCIL. 125 

then now to Determine the same is referred to the Governor 
to receive further informacon from the petico"" or his agent as 
they shall make applicacon to him 

The peticon of Joseph Bainbridge setting forth that hee 
had a grant from the late Governor Rudyard and Councill 
for 500 acres of Land on Raritan at V p"" Acre and that one 
hundred and ffifty Acres Adjoyneing should be reserved to 
the Lords Proprieto" and pray that hee may have the whole 
viz*^ 500 Acres att h'^ \f Acre and the 140 acres at the propri- 
eto''s Termes — after Considerable Debate and Consideracon — 
It's ordered and agreed that the petico'' have 500 Acres of 
Land att 1*^ p"" Acre — but if the 640 Acres it must be at 2'^ 
p'^ Acre — 

The peticon of Richard Jones for Land Adjacent to the 
last above menconed being of the same Contents — It's ordered 
and agreed as above 

The like Peticon of Grosham Bound for one other like 
Tract of Land ordered and agreed as above — 

Adjourned to 8 A Clocke tomorrow morueing 

Att a Councill held at Elizabeth Towne the 1'' of March 
1683 

p'^sent The Deputy Governor & p'^pr 
Tho Rudyard Secre'^ & p'^pr 
Maior Berry ^ 

Major Sand ford I 
Sam" Dennis J> of y*' Counc. 

Henry Lyon & I 

. Benj'' Price j 

Complaint being made to this board that many runaway 
servants and vagrants passe out and through this Province 
w^'out examinacon or Inquirey — Ordered and Agreed that 
there bee a warr' issued out into Each County to the Sheriifs 
Justices and Magistrates to p' vent such vagrants and runaway 
servants wandring or passing through the province — 

The peticon of John Gillman setting forth hee was one of 



126 NEW JERSEY COLONIAL DOCUMENTS. [1684 

the ffirst Sellers in Piscataway had a warr' to lay out Land 
from Major Berry when Deputy Governor and from Captn 
Carteret also a warr' but never had Land laid out to him 
Desires Land — Ordered that hee have a warr' for the Survey 
of 200 Acres according to the Order of the 2'^ of December 
last past w"' the further Addicon of 109 Acres in Right of 
Israel ffoulson w"'in that Tract of Land called Piscataway 
Bounds 

A peticon of Sam'^ Moore setting forth hee had 260 Acres 
of Land ag* Ambo poynt survey'd for w'^'' hee Desires a pat- 
tent and other Land Desires may be surveyed to Complaite 
600 Acres for w''' hee had the Order of the late Lords Pro- 
prietors in the yeare 1672 — vpon Consideracon and Debate of 
the p'"mises it was agreed and the Governor Declared that in 
some short tyme hee would accompany him to the Land sur- 
v'ed and will Accommodate him w"" the whole 600 Acres so 
soone as possible. 

Att a Councill held in Elizabeth Towne the 29'" May 1684 

P'sent The Deputy Governor 

Tho : Rudyard prop"^ & Secrety 
Major Berry 
Cap' Codrington 
Benj'' Price & 
Henry Lyon 

The Peticon of Mary ffletcher setting forth that Seth 
ffletcher her late husband Deceased in his life tyme purchased 
26 Acres of Land in Elizabeth Towne near Adjoyneing to 
the house now in the possession of David Barclay w''*' house 
and Lott are p'"t of the 26 Acres and four Acres of Meadow 
in Elizabeth Creeke — w'^^'' Land was not held by pattent but 
by other p'^tences from Nichols pattent and such pretencs 
That her Sonn in Law Seth ffletcher had acquited his inter- 
est therein to her and requests a pattent thereof — shee being 
call'd in produced a gen''all Release but not of Land onely of 



1684] JOURNAL OF GOVERNOR AND COUNCIL. 127 

Acoons &c — And after a full Debate and heareing of Henry 
Lyon of whom most of the land was purchased or Contracted 
to bee purchased and Declared his vnwillingness that the 
Land should bee pattented vnto her ^'''out the Consent of 
Pembleton ffletcher the heire att Law of the said Sith ffletcher 
— It's agreed and Ordered that a Coppy of the peticon bee 
sent to Pembleton ffletcher — And if Pern : ffletcher vnder the 
Peticon Declare hee is willing that the Petico'' shall have a 
Pattent for the same and send his Assent Attested by the 
Authority of the province where hee Inhabites then the Gov- 
ernor and Councill will take the petico'"s peticon into further 
Consideracon — 

A peticon of Thomas Bartlet and Tho : Lawrie Desireing 
Each 60 Acres of Land on the west side of Raraton Piver 
ag' Ambo poynt — It's ordered That wan" bee granted to the 
Surveyor gen'all to lay out to Each of them 60 Acres of 
Land and that they have pattents for the same payeing the 
yearely Rent of 2"^ p'' Acre — 

David Esmonds Requests to have fforty Acres of vpland 
and 6 Acres of meadow neare Cheesquace It's ordered that a 
warr' bee granted to the Surveyor gen'^all to lay out the same 
in order for a pattent — 

John Pearce Request for 500 Acres of Land by Stephen 
Osborns to Adjoyne to 20 Acres hee lately purchased of Benj'' 
Wade — It's referred to the Governor and Secretary to Dis- 
course him And as they see Cause to grant him what hee 
petieons for, or as they see meet — 

The Peticon of David De Mare & Sam^^ De Mare setting 
forth that they have an Indian Deed of gift for a Tract of 
Land on Hackingsacke River Containing 300 Acres or there 
aboutes — Desire lib'ty that they may have a Conveyance 
thereof — Agreed and Ordered that they have a Deed Drawn 
vp by the Secretary A warr' to Survey the same and after 
survey a pattent att a Certaine Rent to bee paid Anfiually 

The Petition of Yougham Antonius Roberts a ffree borne 
Negro Desireing Liberty to purchase 200 Acres of Land of 



128 NEW JERSEY COLONIAL DOCUMENTS. [1684 

the Indians on Hackinsacke River And it being for Land 
given him — It's ordered a Deed bee Drawne — a Survey- 
thereof being made that hee have a pattent for 100 Acres 
thereof att Rent Certaine — 

The peticon of Nicholas D Vow David Rawford and 
Andrew Tebo sev'ally to purchase Lands on the west side of 
Hackinsacke River — Nicholas D Vow to have 300 Acres — D : 
Rawford 300 Acres and A Tebo 600 Acres — Read and 
Ordered — that the Governor appoint some p'son or p'"sons to 
treat and agree w"' the Indians for the Tract of Land and 
purchase the Indian Right to the same and grant them to the 
petieo''s Respectively such p'^t and p'^cells thereof w"^'' may- 
answer the heads or hands they have Respectively to improve 
the same. 

The peticon of william Broadwell for a p'cell of Sunken 
meadow on the South side of Eliz* Creeke next Adjoyneing 
to the house and Lott Lately Benj* Wades — ordered that the 
same bee left to the Deputy Governor and that hee Dispose 
thereof as hee sees meet and that hee grant a warr' to Survey 
the same and lay it out to the petieo''s or some other as it may 
lye most Convenient for, that the same may be kept from 
being a Nusance — 

The petiC'on of Gabriell Monnell setting forth that by order 
of the late Governor Carteret hee became Joynt purchaser of 
a Tract of Land on the North side the Rariton River w"' 
Cap' John Palmer and Associates That a gen'^all Survey was 
made thereof — and Request a warr' to have his proportion 
Surveyed to him — Agreed and Ordered that the matter in the 
peticon bee Referred to the Governor and Secretary and if 
hee will setle in this province on their Termes they may agree 
w"" him — 

A peticon from John Bound setting forth his father John 
Bound Deceased had au Order to take vp and purchase of the 
Indians 500 Acres of Land granted by the Late Lords pro- 
prieto's to him as a pattentee of Neversiuks — That hee had 
purchased the Land of the Indians and request to have a 



1684] JOURNAL OF GOVERNOR AND COUNCIL. 129 

warr' to Survey the same to him — The matter being here 
fully Debated And Cap' Bound brother to the petico'^s father 
and the petico"" being here p'sent and being Inquired whether 
the widd Bound had Nicolls pattent they Answered they 
believed not, but they believed Richard Hartshorne had the 
same, — The petic''' said his father some tyme past had. it, that 
the last spring was 12™ it was sent for to these parts and his 
Mother Delivered the same to the Messenger — It appeareing 
that the 500 Acres granted to the Deceased was for the Sur- 
render or resigneing of Governor Nicolls pattent of w*"^ hee 
was one patteutee — It's ordered it bee referr'd to the Gov- 
ernor to Answer the petico'"s Request who may grant a warr' 
for Survey as hee sees meet and Just — 

A peticon from Eliz* Carteret widd the Relict of the late 
Governor Carteret setting forth hee had a grant for 2000 
Acres of Land as the gift of the Late Lords proprietors to 
bee taken vp by him in any part of the province — That in 
Anno 1679 the late Governor Carteret in pursuance of such 
grant purchased an 8"" p'^t of a Tract of Land on the Raraton 
w"' Capt John Palmer and Associates — requests a warr' to 
Survey the same — upon Inquiry and examination of the peti- 
con — It appeares not that this Land was taken up for him on 
such accompt as alledged — That by former Sence of Councill 
that 8''' p''t was Addjudged to belong to the proprieto'"s — vpon 
Consideraeon of many Clamours that has been made ag' the 
proprietors and Late Governor on p^'tence of Rong Don her — 
It's ordered that shee bee Desired to bring in the full and 
whole of her Claimes of the proprieto''' That the same being 
att one Considered Justice and Right may bee Don her in all 
matters whatsoever w^'out Delay — 

Thomas Rudyard one of the proprieto" of this province 
p'sented his Case here setting forth that hee had noe Land 
yet laid out to him in the province altho his famely here — 
Desire an order to the Surveyor or Deputy Surveyor for a 
warr' to Lay out and Survey vnto him the quantity of 5000 
Acres of vpland and Meadow w"'in this province or such 

9 



130 NEW JERSEY COLONIAL DOCUMENTS. [1684 

Other number of Acres as the Councill shall see meete to bee 
laid oat in such p'^cells or places in the province as are apt and 
fitt for improvem' and not appropriated or Legally vested in 
any othe p''ticular p'son — w'"' being Read the said Thomas 
Rudyard w"' Drawing The Councill Adjoured to 8 A Clock 
tomorrow; morneing 

Att a Councill held att Eliz^^ Towne the 30"^ May Anno 
Dni 1684 

p'^sent The Deputy Governor 

Tho Rudyard prop"" ct Sec. 
Major Berry 
Cap' Codrington 
Benj^ Price & 
Henry Lyon 

A Large Letter of Instruccons from the Lords proprietors 
in England Directed to Gawen Lawrie &c fFellow propriet- 
ors in Councill Dated in London 2'' January 1683 subscribed 
by the Number of 16 of them w"'' being read amongst other 
things therein Contained was that they would not allow the 
Governor and Councill to grant any Land in the province 
w'^out the Consent of the Major part of the proprietors or 
their proxes — 

To this I Thomas Rudyard as one of the pro- 
prieto''s of that s'^ province Do Enter my Solemn 
protest Declareiug the same to bee ag' my just Inter- 
est and Right and the knowne Rec'*^ practices and 
priviledges of the Governor and Councill of this 
province in whom is the Right of granteing Land 
by the gen"'all Concessions of this province 

The Kings ProclemaCon to the proprieto''s planters and 
Inhabitants of the province being here Read — Ordered that 
the same bee sent and published to all the Inhabitan" in this 
province and to that End that two of the printed proclama- 



1684] JOURNAL OF GOVERNOR AND COUNCIL. 131 

cons bee sent to each Sheriff of a County that in Each Towne 
att some publicke assembly w"'in tenn Days next after the 
[they] Come to hand they bee there publickly Read and after 
affixed vp att Each publicke meeting place in Each Towne — 

The Governor and every one of the Councill after Debate 
and serious Consideracon of the Contents of the proprieto'"s 
Letf above mentioned Doe app'"hend That as the Letf is not 
Directed to them they are not obliged to take notice thereof 
And that the Rather for that the proprieto'^s in England have 
not their p''xies here whereby they might lay out Land by the 
Major Assent of them here either to any proprieto'^s or planter. 
And that vntil the Governor and Councill heare further from 
the proprietors they will lay out Land as formerly the Denye- 
ing or forbearing whereof will bee of absolute losse and Dam- 
age to the province not onely to Discourage planters here but 
to make provision here for such as are to bee Transported 
from Scotland or England into these parts — 

The peticon of Hans Dedricke Elias Mekellson and Adrian 
Post in behalfe of themselves and other Inhabitants of 
Aquaquanuncke setting forth they had purchased by order of 
the late Governor Carteret A Tract of Land Containeing 5520 
Acres w''*' is to bee Devided amongst fourteen ffamelys of them 
there settled — pray they may have a gen^'all Pattent for the 
same, — It's ordered that the Indian sale being Recorded — 
Arrerages of Rent paid that a pattent bee made and granted 
them att one halfe penny p'" Acre yearely Rent — 

The Peticon of John Demarest for License to purchase 200 
Acres of Land of the Indians at Kinderkamacke att Hackin- 
sacke above the Mill in Order to the pattenting thereof 
Ordered that hee have License granted him to purchase make- 
ing vse of such p'son as the Governor shall appoint for 
Nicholas De Vow and others who p^'sented their peticons yes- 
terday — And the Governor appoints J" Demaree to Attend 
the same 

The peticon of Peter Johnson Jacobus Johnson Hendricke 
Tunison Vorther Tunison Peter Tyson Mathew Henderson 



132 NEW JERSEY COLONIAL DOCUMENTS. [1684 

and John Tunison for 1000 Acres of Land att Chingaroras 
Creeke vpon the South west side of the said Creeke — It's 
ordered and agreed that the Petico'^s have warr" to lay out to 
Each of them, except John Tunison 120 Acres of Land and 
to John Tunison 200 Acres Adjoyneing to the Land of 
Thomas Rudyard att an Anual Rent — 

A paper brought in here as ifolloweth, — It's Desired by 
David Barclay in behalfe of him selfe and the proprietors 
belonging to Scotland — That hee may have an Order to the 
Surveyor to sett out for Each proprietor's some Tract or Tracts 
of Land That it may bee Ready surveyed before the Shipps 
Arive whereof Advice is Come that they were prepareing — 

The Like is Desired by the order of W" Dockwra and 
Thomas Warne and other proprietor's of East Jersey — That 
they may have warr** to the Surveyor for setting them out 
Land to sette people vpon — It being proposed by the Gov- 
ernor that 2000 acres to Each of the proprietor's above men- 
tioned might suffice att p^^sent, It's ordered that warr*' bee 
issued forth to survey to Each of the said proprietor's 2000 
Acres of Land — 

Vpon further Consideracon of Thomas Rudyards Case — 
It's agreed and Ordered that a warr' or warr" bee made and 
Issued out to the Surveyor genr'all or his Deputy to lay out to 
him any Quantity or Quantityes of Land not exceeding in all 
in the Number of Acres of Land Three Thousand Acres for 
the pr'sent as hee has Desired — 

Att a Councill held att Eliz'^ Towne the 29''' of August 1684 

pr^sent The Deputy Governor 
Major John Berry 
Major Wrrr Sandford 
Benj* Price 
Hen : Lyon & 
Sam" Dennes 

The peticon of Cornelius Longfield setting forth that by 
virtue of a warr' granted by the late Governor Carteret hee 



1684] JOURNAL OF GOVERNOR AND COUNCIL. 133 

had laid out to him a Tract of Land vpon the South side of 
the Raritan River Containeing 440 Acres of vpland together 
w"' 50 Acres of Meadow praying a pattent for the same — Read 
and ordered That Cornelius Longfield attend the Councill the 
next sitting in order to have his Peticon Answered — 

The Petition of Caspar Janson and Alattys Janson — set- 
ting forth that about seven yeares since the peticoner obtain'd 
by gift from the Indians a parcell of Land lyeing att Hack- 
insacke on the North side of the Creeke — w''' gift was then 
also Ackowledged by the said Indians before the late Gov- 
ernor Carteret who promised the petico"" a Coufirmacon of the 
same onely Delay 'd the full grant or pattent till the adjoyne- 
ing Lands should bee purchased from the Indians and laid 
out in Lotts — And that since one Jacques La Row hath 
Entred vpon the said Lands and taken possession of the same 
w*out haveing any Indian Deed of gift — The Peticoners 
praying a warr* to lay out the same Directed to the Surveyor 
gen^'all in order for a pattent — w*"'' being Read and the Peti- 
co'"s call'd in who brought w"' them two Indians that had 
formerly given the said Land to the peticoners and the Indians 
being Examined Concerneing the p'^misses Declared that they 
never made any Deed to Jacquies Le Row of the said Lands 
but that the same Did belong to the Peticoners wherevpon it 
was Ordered that both p-'tyes attend this board the 27"^ 9'^'"^ 
next — that they bring w"' them the Indians Concerned — And 
that Jacquies La Row have notice thereof 

The Peticcon of Rob' Hamilton for a warr' to lay out a 
peece of Land lyeing w"'in the bounds of Midletowne Con- 
taineing; about 50 Acres — Read and ordered that the s'' Rob' 
Hamilton attend this board the next sitting of the Councill 
to make his Right appeare to the s** Land — 

The peticon of John Lambert for 100 Acres of Land vpon 
Chesquakes side — Read and ordered that the petico" have a 
warr' granted him — Directed to the Surveyor gen'all or his 
Deputy to lay out to him 100 Acres as is prayd — 

The peticon of W"' Leets and Nathaniel Tutle for Each of 



134 NEW JERSEY COLONIAL DOCUMENTS. [1684 

them 150 Acres vpon Chesquakes side — Read and ordered as 
above — 

The peticon of Thomas Mathewes seting forth that whereas 
M'' John Injans purchased a tract of Land on the South side 
the Raraton River, and y* the petic/ was Concerned & In- 
cluded in the same in the Eleventh Lott for 500 Acres accord- 
ing to a grant — prayeing a pattent for the same Read and 
ordered that a warr' bee forthw"" made out to the Surveyor 
gen'^all to lay out to the petieor 400 Acres of the said 500 the 
Remainder to bee to the proprieto'^s for the Arrerages of Quit 
Rents and in Discharge of 31*^ p'' Acre for the said 400 Acres, 
payeing for the future one I*" p"" Acre onely for every of the 
said 400 Acres 

The peticon of Tho : Whitelocke for 200 Acres of Land 
lyeing w*''in the bounds of Middletowne att the Reare of 
Benj^ Burdens Land and between Swiming River and Jumpe- 
ing Brooke not yet taken up — Read and Ordered that a warr' 
be iiSediately made out to the surveyor gen'all to lay out the 
same to the petico"" 

The peticon of John Bray for a 100 Acres of Land lyeing 
w"'in the bounds of Midletowne adjoyneing to the branch of 
Nutt swamp and bounded vpon the Land of Richard Gibbins 
Read and Ordered That the petico' attend the Governor who 
is left to Doe and order in the p^'mises as he shall see meet — 

The peticon of W"" Sutton setting forth that hee had laid 
out to him by virtue of a warr* Granted by the Late Gov- 
ernor Phillip Carteret Esq'' 100 Acres of Land w^'in the 
bounds of Piscataway w"* Meadow in proportion Desireing a 
pattent — Read and ordered that hee have a pattent made out 
to him for the same according to his peticon — 

The peticon of Derrick Corneliason for a Tract of Land 
vpon Chesquakes according to an Indian Deed of Sale — Read 
and ordered that the same bee Deferr'd vntill the Governor 
and Councill bee further satisfied in the petico's Indian Deed 
of Sale— 

A pap"" brought here by Eliz'' Carteret widd as 
ffollowes viz' 



i 



1684] JOURNAL OF GOVERNOR AND COUNCIL. 135 

The Hon^'*' Gawen Lawrie Esq"^ Deputy Govern- 
or of the province of East New Jersey and his 
Council 1 — 

The Claime of Eliz'' Carteret widd Relict and Executrix 
and the last will and Testament of Fillip Carteret Esq' De- 
ceased late Governor of the said province in Right of her said 
husband from the p'^sent proprietor's pursuant to an order of 
Councill — humbly p^^sented 

Impri's That my said husbands sallery for being Governor 
amounteing to the sume of 1000"' may be satisfied — 

2""^ That a pattent may bee made to me for the 3596 Acres 
of Land w"'in Eliz'^ Towne Bounds w'^ are expressed in Two 
pattents granted in the tyme that Rob^ Vicars was Secretary — 

3'^'^ That a pattent may bee made to me for a Lott of Land 
lyeing on the Raratou River burchased by my Deceased hus- 
band of the Indians in Company w**" Cap' John Palmer and 
others 

4'^ That the house Lott and Orchard in Elizabeth Towne 
and farme Comonly Called the poynt part of the said 3596 
Acres of Land now in the proprieto'"s possession may bee De- 
livered vnto me to whom of Right it Doth belong. 

w''' was Answered by the Governor and 
Councill as ffollowes 
viz* 

1" As to the ffirst Article it Doth not Come vnder the 
Consideracon of this Board to make any Answer — 

2 As to the second Article or Claime for 3596 Acres of 
Land to w'*' shee Claimes a Right by virtue of a pattent 
granted her in w*"'' tyme Robert Vicars was Secretary w'*" pat- 
tents are since made voyd by Act of gen'"dll Assembly That 
this board cannot Act in the p''misses vntil shee make some 
other Right appeare — 



136 NEW JERSEY COLONIAL DOCUMENTS. [1684 

3 To the Third— that Cap' John Pahner saith — That her 
Deceased husband Did not pay any share in the Indian pur- 
chase — and that it was formerly the opinion of this board 
that the proprietors sevenths should bee taken out of it — 

4 The ffourth is Answered in the second 

■ The subscription of M"" Isaac Kingsland who 
was Coniissionated Councillor the 26"' Novem- 
ber 1684— 

I Isaac Kingsland Doe Solemnly promisse to beare true 

Allegiance to the King of England his heires and Successors 

and to bee true and faithfull to the Interest of the Lords Pro- 

p''ieto''s of this Pi'ovince and to their heires and Assignes and 

endeavour the peace and welfare of the said province and that 

I will to the best of my Judgm* and att all tymes ffreely and 

faithfully give my advice to the Gover"" for the good Managm' 

of the publicke aifaires of this Province and shall not nor 

will not Revaile Directly or Indirectly to the Injury or 

p^'iudice of the Governor and Lords Proprieto''s any matters 

as shall bee Debated in Councill or Comitted by them to my 

Secracy but in all things Doe and Act as a true and ffaithfull 

Councillor when therevnto Required Dated this xxvij*'' Day 

of November Anno Dili 1684 — 

Isaac Kingsland 

Att a Councill held att Eliz'^ Towue this 27'" Day of 
November Anno Dili one Thousand six hundred Eighty ffour 

p'sent The Dep' Governor 
Major W" Sandford ^ 
Isaac Kingsland i Members of 
Benj'' Price & i Counc. 

Henry Lyon J 

The peticon of Nathaniel Tuttell & als : being Read therein 
setting forth that they (God willing) intend to settle in this 
Province vpon Chesquakes side desireing they may pay noe 



1684] JOURNAL OF GOVERNOR AND COUNCIL. 137 

Q,uit Rents for the ffirst Three years the land there being 
verry pore — And that the prises for makeing of Pattents may 
bee lymited — Agreed and ordered that as to the paying of 
Quit Rent it being their own former agreem' w"' the Dep*^ 
Governor to pay 2' p"" Acre — therefore this Board thinks not 
fitt to Act or order in the p^'misses Contrary to that agreem' — 
and as to prises for makeing of Pattents that the same bee 
deferr'd till the setle'mt of such other ffees as belong to the 
Secretaryes office 

Peticon of John Renn in behalfe of himselfe and one 
Thomas King now in Pensilvania Smith for a Lott of Land 
lyeing over ag' Amboy next to the Long Poole — Agreed and 
ordered the same bee Left to the Dep' Governor to answer the 
Petico^'s Request as hee shall see meete — 

The Request of W™ Ridford for 100 Acres of Land— Read 
and Ordered that a warr' bee granted to lay out to him one 
hundred Acres of Land in such place as is not yet appropri- 
ated to any other p'son — 

Peticon of Benj-' Ogden for 50 Acres of Land w*''in the 
bounds of Eliz"^ Towne w"' Meadow in proportion — Read and 
ordered that hee have a warr' granted him according to his 
peticon — 

The peticon of Isaac Whitehead Jun"' for 120 Acres of 
Land w"'in the bounds of Eliz'^ Towne according to a former 
warr* granted him by the Late Governor Carterett — Read 
and ordered that have a warr' granted him according as hee 
peticons — 

The peticon of John Pearce for 100 Acres of Land for him 
and his famely — Read and Ordered that the petico' have a 
warr' granted him for 50 Acres of Land lyeing w"'in the 
bounds of Eliz'^ Towne in such place as the Governor shall 
appoint and not taken vp or appropriated to any p"^ticular 
p'"son — 

One Korough an Indian Comeing in made his Complaint 
ag' David De Mare sen'' for purchaseing a Certaine p'cell of 
Land lyeing on the west side of Hackinsacke River over ag' 
the Mill of one Mumshaw an Indian Sachim that had noe 



138 NEW JERSEY COLONIAL DOCUMENTS. [1684 

Right to the Same (as is p'^tended) in wrong and Injury of 
the said Korough — And also of Some evill treatm* of the 
Indians by the said David D^ Mare and his famely and John 
D* Mare his soun and in makeing them Drunke — The said 
David De Mare sen' and John D'' Mare his sonn being also 
here — and both sides being fully heard — It's Agreed and 
Ordered that the said David D*' Mare Sen"" and John D" Mare 
his sonn for their Evill practices towards the Indians in sell- 
ing them Rum and makeing them Drunke — Doe Imediately 
give in Security for their good behaviour for one whole yeare 
before one of the Members of this Councill — and for want of 
better Security they being bound Each for the other the same 
to bee sufficient — As to the Land It's Agreed and Ordered 
by Consent of all p'^tyes that Sam" Edsall and William Law- 
rence is appointed to meete David D" Mare & the Indians 
Concerned vpon the Land in Question and to Inspect the 
said Land and strictly to Examine as well the said Indians as 
others Concerned and to make their Report in the p''mis3es in 
writeing vnder their hands to this board att the next sitting 
of the Council! — that the truth of things may the better bee 
kuowne in Order to a ffinall Determinacon — 

The Peticon of Cap' John Baker of Elizabeth Towne being 
Read — therein setting forth that whereas hee not Rightly 
vnderstanding the true Extent and Meaneing of the Act of 
Assembly about the Converseing and Treateing w"' the Indi- 
ans and by Reason thereof being Justly Amerced by the Court 
of Coinon Right held in August Last past to pay by way of a 
ffine the sume of Tenn pounds — and to give in Security for 
his good behaviour for whole yeare Requesting his bound 
may be Cancelled — The said Peticor alsoe Comeing in and 
makeing his p'^sonall submission — It's Agreed and Ordered 
Captaine John Baker have vp his bound for his good behav- 
iour — w"^*" was Delivered him accordingly — 

The humble Request of James Emott Dep* Secretary of 
this Province being then Read setting forth that whereas it 
has bin the Laudable Custome and practice as well in this 
Province as all other Neighbouring Adjacent provinces that 



1684] JOURNAL OF GOVERNOR AND COUNCIL,. 139 

vpon appHcacon made for a License for Solemnizeiug Mar- 
riage the Secretary vpon taken Security of such p'"sons as 
Request the same that they are vnder noe other obligacon or 
p^'contract of Marriage — iinediately to make out a License 
p^'cureing the same to bee signed by the Governor and given 
vnder the seale of the province — praying an Order of Coun- 
cill may bee passed for the Continueing y** said Custome — 
After the same were Considerably Debated the whole Councill 
was Consenting to passe an Order for the Continuacon of the 
said Custome, but the Deputy Governor Desired that the same 
might be Diifer'd till the next sitting of this Councill — 

Att a Councill held att Elizabeth Towne in the County of 
Essex the xxvij**^ ffeb 1684— 

p^'sent The Dep* Governor 
Major W' Sandford ^ 
Isaac Kingsland | 
Benj'* Price ^ Members of Counc. 

Henry Lyon & j 

Sam" Dennes j 

Peticon of Thomas Price of Eliz* Towne setting forth that 
bee has bin for severall years setled in the said Towne and as 
yett has noe more Land w'^'in this province but a house Lott 
lyeing in the said Towne given him by his fFather Requesting 
as much Land as will make it ffifty Acres w"' Meadow in 
proportion — Read and ordered that a warr' bee granted to 
lay out to him Iforty Ifour Acres of vpland w"" meadow in 
proportion w*in the bounds of Eliz^ Towne afores*^ — 

The peticon of Captaine Thomas Young for 120 Acres of 
Land w*ln the bounds of Elizabeth Towne according to a 
former Order granted him by the Governor Carterett but as 
yet never laid out — Read and Ordered that the peticor have 
a warr' granted him for 120 Acres of Land to bee laid out 
to him w*in the bounds of the said Towne in order for a 
Pattent — 

Peticon of John Pounds of the Towne of Piscataway for 



140 NEW JERSEY COLONIAL DOCUMENTS. [1684 

Eighty Acres of Land lyeing vpon the Reare of his owue 
Lott w"'in the said Towne Read and Ordered that a warr' bee 
forthw'^ granted and made out for the layeing out of Eighty 
Acres of Land w^'in the bounds of the said Towne to the 
petieor att the Reare of his owne Lott as is Requested — 

Peticon of John Decent for Eighty Acres of vpland w"' 
Meadow in proportion to bee laid out to him w^'in the bounds 
of Piscataway — Read and ordered that a warr'' bee granted 
to the petieor to layout to him Eighty Acres of vpland w"" 
Meadow in proportion w"'in the bounds of the said Towne — 
as he has peticoned — 

PetiC-on of Sam" Willes — setting forth that aboute two 
years agoe hee Transported himselfe and famely out of the 
Province of West Jersey into this Province to settle here but 
hath not as yett any Land laid out or Enjoyeth any but what 
hee holdes by yearely Rent, — prayeing that [warrant] may 
bee granted him for one hundred Acres of vp Land w"" 
Meadow in proportion w"'in the bounds of the Towne of 
Newarke — Read and ordered that the petico'' have a warr' 
granted him Directed to the Surveyor generall or his Dep*^ to 
layout to him w"'in the bounds of said Towne of Newarke 
one hundred Acres of vp Land w"' Meadow in proportion — 

Peticon of one W" Johnson of Raraton for 100 Acres of 
Land w'^in the bounds of Piscataway being Read — Johnson 
being a man wholly vnknowne to the Governor or any of the 
Members of this Council 1 — and not appeareing or any one for 
him to satisfie this Board how hee intends to settle the same 
or vpon what termes, — It's therefore ordered that the same 
bee left to the Governor to Answer the peticon and to grant 
a warr' as hee shall see Cause vpon further applicacon to bee 
made to his honor by the petiCo'" — 

Peticon of Mathew Gyles of Raraton for one hundred and 
Twenty Acres of Land w"'in the bounds of Piscataway — 
Read and Ordered that a warr' bee granted Directed to the 
Surveyor generall or his Dep' to lay out to the Petico'" one 
hundred and Twenty Acres of Land w"'in the bounds of 
Piscataway — 



1685] JOURNAL OF GOVERNOR AND COUNCIL. 141 

Att a Councill held att Elizabeth Towne in the County of 
Essex this xxix"" Day of Aprill Anno Dni 1685 — 

p'sent The Dep' Governor 

Major W" Sandford ^ 
Isaac Kingsland I 

Benj-^ Price } Members of Counc— 

Henry Lyon & 
Sam" Dennes j 

A Proclamacon by the Governor and Councill w"' the prin- 
cipall officers and Inhabitants of this Province for the pub- 
lishing and Proclameing James Duke of yorke and Albany 
(by the Death of our Late Soveraigne Lord Charles the sec- 
ond of happy memory) King of England Scotland ffrance 
and Ireland — and supraime Lord of this Collony of East 
New Jersey &c — being Read And also the kings Proclama- 
con for the Continueing of all officers till his Ma"''' pleasure 
bee further knowne — Agreed and ordered that both the said 
Proclamaeons bee imediately published and proclaimed att the 
publicke meeting house Dore w"'In this Towne — to w'^'' End 
all or great p' of the Inhabitants and Traine Bands of this 
County are there already Conven'd — And that Duplicates 
thereof bee forthw"' made and sent to the Sheriff of Each 
County w^'in this Province to bee there also publickly Pro- 
claimed w^'in their Respective Countyes — 

In pursuance of this order the Goveror and 
Councill together w'*" all or great p't of the Majes- 
trates and principall officers of this County iiiie- 
diately Repaired to the publick meeting-house 
where they were meet by the Traine bands and 
other the Inhabitants where both the said Procla- 
macoQS were orderly published — 

post Meridiem 



142 NEW JEBSEY COLONIAL DOCUMENTS. [1685 

Then was Read in Councill Major W" Dyer's Comission 
Date 4"^ January 1682 ffor Coll of his Ma"*'^ Customs as well 
of this Province of East New Jersey as Sezaria and Pensil- 
vania — w'^'' was Read allowed and ordered to be recorded — 



Att a Councill held att Eliz*^ Towue in the County of 
Essex the 27"^ Day of May Anno Dni 1685— 

p^'sent The Dep' Governor ^ 
Major W™ Sandford I 
Isaac Kingsland |> Memb of Counc. 
Henry Lyon & j 

Sam" Dennes J 

Severall Members or Justices of the Court of Coiiion 
Right being Removed out of the Province or Attend not their 
service — It's Agreed and ordered that a new Comission bee 
made and that the Members or Justices of the said Court of 
CoiTion Right bee as ifolloweth — Coll Lewis Morris Cap* 
John Palmer Major W'" Sandford M"" Thomas Codrington 
M"^ Isaac Kingsland M' Richard Townely M' Benj'' Price 
M" John Campbell M"" David Mudy M"" Thomas Johnson M"" 
Sam" Dennes and M" Henry Lyon 

The peticon of Albert Alberts <& Jaques Curtilian in be- 
halfe of them selves and Associates setting forth they had a 
grant and Pattent of 5000 Acres of Land on passaicke River 
— that it was pattented by the late Governor Phillip Carter- 
ett — that the pattent was made voyd by Act of generall As- 
sembly but a salvo of their Right — Desire to have a Pattent 
— Major Berry haveing formerly Entered a Caviat as p''tend- 
ing the Land to bee part or all of the Land granted to 
him — Agreed that Major Berry bee Called into Councill 
together with the petico" — and the Peticors and Major Berry 
being here in Councill vpon Inquire and Examinacon of the 
p''tences of both p^'tyes it appeares that at the tyme of the 
Indian purchase Major Berry was one of the Councill Hee 
never bad a Survey of his Land nor purchased the same of 



1686] 



JOURNAL OF GOVERNOR AND COUNCIL. 



143 



the Indians — And vpon Inspection of Major Berrys Pattent 
it appeares that his grant was of a Neck of Land — It's 
Agreed that the Petico'^' have a pattent according to the Sur- 
vey paying their Arrears of Quit Rents — 

Att a Councill begun and held att Amboy Perth in the 
County of Middx the 6"' day of Aprill Anno Dfii 1686 

p'sent Gawen Lawrie Esq"" D Governor 
Major John Berry ^ 
Major W" Sandford I 
M-- Benj=^ Price & '} of the Councill 
Henry Lyon j 

M' Sam'^ Dennes j 

The writts for Electing of Deputyes in Each Respective 
Towne in this province to serve in the generall Assembly were 
Retourned here by the Respective Sheriflfes of Each County 
— y^"^ Election was as ffollowes viz' — 



Will Pyles & 1 
John Parker i 



Rio Berry 



Will Pinhorne 



Sam" Edsall 



for Eliz-'^ 
Towne 

for New Bar- 

badoes & 
aquickanuc 



~) out planta- f 
j Cons on both j 
I 



John Curtis [ for Newark e 



Eph : Andress 

& 

John Jerley 



J 



sides y'' 
Raraton 



W™ Haige 



I 



J 



1 old & New f Hans Dedricke 1 
Hackinsacke ! » ! 

r ,f. _, i ''^ f 

Peter Hesells ^ 



& out 



J plantacons [ 



J 



Woodbridge 



for Ambov 



Towne of 
Bergen 



Judadiah Allen -\ c Ric Hartshorne 

& I for Shresberry \ & ^ Midle Towne 

John Hanse ) I Benj" Burden 



Isaac Smally j- for Piscataway 



144 NEW JERSEY COLONIAL DOCUMENTS. [1686 

The house of Deputyes all appeared here as above accord- 
ing to the Election Excepting M' W™ Pinhorne and W™ 
Haige, and being called out our Governor according to the 
vsual manner Directed them to make Choyse of their speeker 
& Gierke — and they w"'drew — 

Agreed and ordered that a new Goiuission for the 
Justices of the Gourt of Sessions for the Gounty of 
Bergen bee Issued out and that Major John Berry's 
name be Incerted w'* through a mistake was left out 
and omitted in y* last Gomission — 

The Councill haveing taken into Gonsideracon the Remov- 
all of Thomas Rudyard Esq' to y" Island of Barbadoes and 
that he has Deserted the office of Secretary of this province 
of East New Yorke [sic] — It's therefore agreed and ordered 
that a Goiuission bee iiiiediately made out to James Emott 
gent for the office of Ghiefe Secretary of whose skill prudence 
and integrity in the managem' of the s'' office this Gouncill is 
verry well satisfied — and that in the meane tyme hee act as 
such — 

a Goppy of the Goinission of Goll Thomas Dongan for the 
office of Vice Admerall of New Yorke etc was translated into 
English by James Emott and here Read — and also Go'' Don- 
gans writt of Admiralty Directed to our Govenor to take the 
boddy of Ric Hartshorue &c and the Gonsideracon thereof 
Differd till next Gouncill 

The house of Deputyes Game here and nominated Ric 
Hartshorne for their speaker and Benj*" Griffith for their 
Glarke — as to y" speaker this board was well satisfied but the 
Governor Excepted ag' the Glarke as being his servant &c 
Adjourned till 8 A Glocke tomorrow morneing 



1686] JOURNAL OF GOVERNOR AND COUNCIL. 145 

Att a Councill held at Amboy Perth the seventh day of 
April Anno Dfii 1686 

P^'sent The Deputy Governor 

Major John Berry ^ 

Major W" Sandford | 

r Benj" Price } Councill 

M""^ Henry Lyon & | 

I Sam" Dennes J 

A message from the house of Deputyes brought here by 
M"^ Sam" Edsall John Hanse John Curtis and Isaac Smally — 
acquainteing this Board of their want of a Deputy for the 
Towne of Newarke, and also one more for the Piscataway — 
the Councill Did propose to them to take into Consideracon 
as well the want of a Deputy for this Towne of Amboy and 
vpon the Result of both houses to have writts issued out ac- 
cordingly — the messingers w*Mrew and againe Comeing in 
acquainted this Board that it was the vote of their house that 
Two Deputyes bee Chosen for the Towne of Amboy to serve 
in the generall assembly to w"'' this Councill agreed — 

Coll Dongans Coinission for Vice Admerall &c came 
againe in Debate — and being Read and well considered — It's 
Agreed and ordered that a Letter bee Drawne vp in order to 
bee sent to y® Governor of New Yorke vpon the subject mat- 
ter of the Comission, and also touching an Admeralty writt 
formerly sent Directed to our Governor &c — 

Agreed and ordered that a new writt for y* electing one 
other Deputy to serve in this p''sent general assembly for the 
Towne of Piscataway and out plantations bee issued out and 
that the Inhabitants bee sumoned to meete vpon the 9"' In- 
stant in order thereto — also a writt to the sheriife of this 
County to sumon the Inhabitants of this Towne for Electing 
of two Deputyes &c — 

a Bill of Costs wherein this province of East Jersey is 
Debtor to the Secretarys office for sundry Comissions &c for 
y*^ Justices and other officers necessary for Goverm' wherein 

10 



146 NEW JERSEY COLONIAL DOCUMENTS. [1686 

noe j/vision is made for paym' — being here Read — Agreed 
aud ordered tliat major Sandford and Benj* Price carry the 
same to the house of Deputyes to the ende they may Consider 
of a way of paym'. 

a Bill brought here from the house of Deputyes — That the 
Deputyes for the Respective Townes shall bee p** by the Re- 
spective bounds where they have bin Elected Three shillings 
p"" day to bee p'^ in money porke or Corne att money price for 
this p'^sent yeare — w"^*" was here Read — Consideracon Differ'd 
Adjourned till 2 Clocke afternoone — 

post m'idiem — 

a Bill brought here from the house of Deputyes for the 
forme of an Engagem' for Jury men who for Contience sake 
cannot take an oath in the forme vsed — w"*" being Read after 
some araendm** the same was agaiue sent backe to the house 
of Deputyes — 

The Bill for Establishing the sallery for the Deputyes being 
againe Read out — amended — and sent to the house of Depu- 
tyes by M"" Sam" Dennes 

Agreed and ordered that major John Berry Major W" 
Sandford and Benj* Price bee appointed for the more Dispatch 
of businesse to meete the like number of the house of Depu- 
tyes this Evening to Conferr together about the p'sent busi- 
nesse of this Assembly — and that M"" Sam" Dennes Carry 
this message to the house of Deputyes to acquaint them 
therew'''— 

(1) The Bill from the Deputyes for the forme of an In- 
gagem*^ for such p'^sons as cannot take an oath t&c w'^'' was this 
day here Read — amended and againe sett backe was brought 
here fairly transcribed — Agreed & ordered that the Governor 
signe the same for this Boards Concurrance &c — y/"^ was done 
accordingly 

Adjourned till 8 a Clock^e to morrow morneing 



1686] JOURNAL OF GOVERNOR AND COUNCIL. 147 

Att a Councill held att Aruboy Perth in East new Jersey 
the Eight day of Aprill 1686 

P'"sent The Dep' Governor 
Major W" Sandford 
Major John Berry 
Isaac Kingsland 
Sam^i De^^es j> Councill &c 

Benj* Price & \ 

Henry Lyon J 

The Sheriffe of this County of Middx brought here a Re- 
turne of his writt w"*" yesterday was issued out for Electing 
2 Deputyes for the Towne of Amboy Perth to serve in this 
p'^sent generall Assembly w"'' were John Campbell and Benj^ 
Clarke — 

2 Bill for the Deputyes Sallery being againe brought here 
Transcribed by them according to the severall amendm'^ for- 
merly made by this Board — being Read — agreed and ordered 
that the same bee signed by the Governor for this Boards 
Concurrence &c — 

A Bill being brought here from the house of Deputyes for 
the punishm* of Adultry aud ffornicacon — Read and amended 
— and sent to the Deputyes &c — 

Adjourned till 2 Clocke afternoone 

post m'"idiem 

The above s* Bill for punishm' of adultery and ffornicacon 
being againe Read — Agreed and ordered that m"" Sam" Den- 
nes and Major Berry bee appointed imediately to Conferr w"' 
the like Number or Comittee of the house of Deputyes vpon 
the subject matter of the s*^ Bill — 

Whereas Collonell Thomas Dongan Governor of New 
Yorke hath lately sent into this province a writt of Admeralty 
beareing date the 27* ifeb : last past Thereby Comanding our 
Governor Justices and all other officers to arrest the boddy 



148 NEW JERSEY COLONIAL, DOCUMENTS. [1686 

of Richard Hartshorne and him to keepe in safe Custody, 
that his boddy might bee brought before the Judges of the 
Court of Admeralty in New Yorke afores** the ffirst Munday 
in this p'^sent Month of Aprill — and this Board haveing 
viewed and duely Considered y'^ Coiuission granted to y® s*^ 
Governor Dongan for Vice Admerall &c — Doe not app'^hend 
that the s*^ Coinission doth give any power or Authority to 
the s'^ Governor Dongan thereby to Comand the Governor 
Justices and other officers of this Province to arrest the boddy 
of the s^ Ric. Hartshorne and him to Convey to the Citty of 
New Yorke before the s^ Judge in order to a Tryall as in the 
s*" writt is suggested and Comanded — and therefore doe not 
app'hend that the Governor Justices or other officers of this 
province may w"" safety put the s** writt in Execution &c — 

A Bill brought here from the house of Deputyes that all 
accons may bee tryed by a Jury of the Neighbourhood where 
the ffact Kealy arises — y^"^ Read — agreed that Two of this 
house meete the like number of the Deputyes to Conferr 
about the subject matter of the Bill — and that M" Sam" Den- 
nes and Major Sandford attend the same 

A message from the house of Deputyes for a ffree Confer- 
ance w'" this house — Agreed they have the same &c — 

3 A Bill from the house of Deputyes for the punishm' of 
Adultrey and fornicacon fairely Transcribed being againe 
Read — Agreed and ordered that the Governor signe the same 
for this Boards Concurance w"*" was Done accordingly and 
sent backe to the house of Deputyes by m" Sam" Dennes &c — 
Adjourned till 8 Clocke to morrow morneing 

Att a Councill begun and held att Amboy Perth the Ninth 
day of Aprill 1686 

P'^sent Governor Lawrie 
Major John Berry 
Major W" Sandford 
Benj'' Price } Councill 

Henry Lyon | 

Sam" Dennes j 



1686] JOURNAL OF GOVERNOR AND COUNCIL. 149 

A message from the Deputyes Desireing a Retorne of their 
Bill yesterday sent here for the trying of all accons by a Jury 
of the neighborhood where the ffact realy arises — agreed the 
same bee Returned by m"" Sam" Dennes one of the Members 
of this Councill — 

A Bill brought here from the Deputyes for prohibiteing 
the Removall of all Causes and Cases before tryall out of the 
Courts of Sessions where the Debt or Damages amounts not 
to the suifie of Twenty pounds — w''^ being Read and amended 
was againe sent to the house of Deputyes by m"" Sam" Den- 
nes &G — 

Agreed and ordered that 2 of this Councill bee appointed 
to meete the like number of the house of Deputyes to Con- 
ferr vpon the subject matter of the last Bill — the house of 
Deputyes Desireing a ffree Conferance — the same was agreed 
vnto by this Board and the Deputyes Comeing in the s'^ Con- 
ferance was had accordingly 

Adjourned till 3 Clocke afternoone 

post M'"idiem 

The High Sheriffe of this County brought here the Retorne 
of the writt of Eleccon issued out vpon the seventh Instant 
for the Chooseing one other Deputy for the Towne of Piscat- 
away and out plantations — which was George Drake — 

4 A Bill for the Raiseing the value of silver money passing 
in this province brought from the Deputyes was here Read 
amended and againe sent them by Henry Lyon and Benj* 
Price &c — 

The above s** Bill for Raiseing the value of money &g was 
againe brought here fairely Transcribed according to the 
amend m'' And the same was signed by the Governor for this 
Boards Concurance 

Adjourned till 8 Clocke to morrow morneing 



150 NEW JERSEY (COLONIAL DOCUMENTS. [1686 

Att a Councill held att the Towne of Amboy Perth in East 
New Jersey the Tenth day of Aprill Anno Dili 1686 

P^sent Governor Lawrie 
Major John Berry 
Major Wi" Sandford 
M^ Benj-^ Price J> Councill 

M'' Henry Lyon & 
M"^ Sam" Dennes 

A new Bill Touching and Concerneing the Courts of Ses- 
sions being brought here from the Deputyes — was Read 
amended and sent backe by m' Benj" Price &c — 

The Coinission w''"' was ordered to bee made out vpon the 
6* Instant to James Emott gent for the office of Chiefe Sec- 
retary and Register of this province was here Read and 
ordered to bee signed by the Members of this Councill and 
that the broad scale of this Province bee affixed to the same 
all w*^*" were Done accordingly — 

A Bill for the punishm* of such p''son or p'sons as shall for 
the future Clandestinely take away from any Landing &c 
Canoes or boates w'^'^out Lieve &c brought from the house of 
Deputyes and here Read amended and againe sent to the 
house of Deputyes by Benj* Price and Henry Lyon — 

The Bill touching y^ Court of Sessions being againe brought 
here w**" some alteracons was againe Read — 

5 The Bill for the punishm* of such p'^sons as shall take 
away Clandestinely Canoes and boates w^*" was this day sent to 
y* Deputyes w"" sundry amendm'' being fairly Transcribed out 
was signed by our Governor for Concurance &c — and by the 
Request of the Daputyes It's Agreed that the same bee imedi- 
ately published. 

peticon of Major w"" Sandford for a survey of his Lands 
att New Barbadoes in order to assertaine the bounds betwixt 
him and Major Kingsland — Agreed and ordered that Notice 
be given to M' Isaac Kingsland that he is Desired to appeare 



1686] JOURNAL OF GOVERNOR AND COUNCIL. 151 

att this Councill being one of the Members thereof to answer 
to the peticon givein ag' major Kingslaud — 

Adjourned till 8 Clocke Munday morneing 

Att a Councill held att Amboy Perth in East New Jersey 
the Twelfth day of Aprill 1686 

P^'sent The Dep' Governor 
Major John Berry ^ 
Major W" Sandford I 
Benj^^ Price } Councill 

Sam" Dennes 
Henry Lyon j 

A new Bill brought here from the Deputyes for a weekely 
markitt att Amboy and Two fPaires in the yeare w'"" was Read 
amended and sent backe by m'' Dennes and m'' Price — 

The Bill touching the County Courts being againe Read 
amended and sent backe to the Deputyes by m"" Lyon — 

Governor Lawrie gave in here to bee Read a Scheme of 
Goverm* or ifundamentall Constitutions for this province of 
East New Jersey Drawne up by the proprieto'^s in England — 
but it was the sense of this board that the same Did not agree 
w* the Constitucon of these American parts — It's ordered 
that the same bee sent to the Deputyes that they may here 
them Read — 

Adjourned till 2 Clocke afternoone 

post m^'idiem 

The Bill for a weekely markitt in the Towne of Amboy 
Perth and two ffaires yearely was againe Read amended and 
sent backe to the Deputyes — 

A Bill that all writts of Debt accompt and such other 
accons shalbe comenced in the Countyes where the Contracts 
were made w"'' being Read and fully Debated w*** the whole 
house of Deputyes the same was sent backe to them by m"" 
Price 



152 NEW JERSEY COLONIAL DOCUMENTS. [1686 



The secretary gave this board an Accompt that 

[Original in the Dreadfull fire w"'* hap'ned in his house 

Concessions ^^ Satterday last the origiuall Concessions of 

and other -r ■, r> lo^^ ^ 

Books &c ^^^^ UarcJey and o"" (aeorge Carterett amongst 

Burnt.] severall other writeings bookes and papers was 
there burnt and consumed 

6 The Bill for a weekely markitt in Amboy &c was brought 
here from the house of Deputyes fairely transcribed and 
being againe Read was ordered to bee signed &c — 

Adjourned till 8 Clocke tomorrow raorneing 

Att a Councill begun and held att Amboy the Thirteenth 
day of Aprill 1686 

p'^rieut Governor Lawrie 

Major John Berry 

Major W" Sandford 

M"" Isaac Kingsland ^ .„ 
OUT-. > Councill 

oam Dennes 1 

Benj" Price & 

Henry Lyon j 

A New Bill that writts of Debt accompt &c shalbe Com- 
menced in the Countyes where the Contracts were made w"" 
some Inlargem' being againe brought here from the house of 
Deputyes and Read — Agreed and ordered that a Message bee 
sent to the house of Deputyes for a ffree Conference to Debate 
the subject matter of the s*^ Bill — and that m'^ Lyon carry the 
s*^ message — The Deputyes comeing in the same were fully and 
ffreely Debated — 

Adjourned till 2 Clocke afternoone 

A Bill touching hogs brought here from the Deputyes, 
being Read amended and sent backe — 

A Bill touching the Court of Comon Right being here 
Drawne vp was sent to the house of Deputyes by m"" Sam" 
Dennes — 



1686] JOURNAL OF GOVERNOR AND COUNCIL. 153 

7 The Bill touching the keeping of hoggs being againe 
Read and signed by the Governor by order of this board — and 
sent backe by m"^ Henry Lyon. — 

The Bill touching the Court of Coinon Right being againe 
brought here by two of the Deputyes Informing this Coun- 
cill that the s"^ Bill doth in noewise answer their ende — 

A Bill touching ffences and highwayes &c brought here 
from the Deputyes — was Read — and againe sent backe by m"" 
Dennes and m"" Price to Informe the house of Deputyes of 
the vncertaiuty of the b* Bill 

Adjourned till 8 Clocke to morrow morneing 

Att a Councill held att Amboy Perth in East New Jersey 
the xiiij**^ day of Aprill 1686 

p'^sent The Deputy Governor Lawrie 

Major John Berry ^ 

Major W" Sandford 

M"" Isaac Kingsland ^ , ^ .„ 
^ „ „ ^ V of the Councill 

r bam" Dennes I 



m' 



' < Benj"^ Price and 
I Henry Lyon 



It's Agreed that a message bee sent to the house of Depu- 
tyes to acquaint them to p'pare the Bills ifollowing viz' 

1'' ffor Impowering the Justices in Each County, to make 
Rates att their Quarter Sessions for Defraying the Charges of 
high wayes bridges and fferryes already made — 

2 ifor Defrayeing the Charges of the Councill Secretary 
and Messinger attending the Countryes service 

3 ifor maintenance of the Goverm'. 

4 For Reliefe of prisoners that have noe visable Estate 
&c — 



154 NEW JERSEY COLONIAL DOCUMENTS. [1686 

5 ffor paym' of sundry Comissions writts and other write- 
ings for the vse of the Country onely due to the Secretaryes 
office, according to a j/ticular &c sent to y® Deputyes by m"" 
Isaac Kingsland &c — this p^'sent Assembly — 

Adjourned to 2 Clocke afternoone — 

post m'idiem 

A new Bill touching the Court of Sessions was Drawne vp 
here being verry Long and sent to y^ Deputyes &c — 
Adjourned till 8 Clocke to morrow morneing 



At a Councill held att Amboy Perth the ffifteenth day of 
Aprill Anno Dili 1686 

P'^sent Governor Lawrie 

Major John Berry ^ 

Major W" Sandford I 

Isaac Kingsland } Councill 

Benj'' Price & I 

Sam" Dennes j 

The Scheme of Goverm' or ifundamental Constitutions w''*' 
was Drawne vp by the proprietors in England and yesterday 
sent to the house of Deputyes was againe brought here by two 
of their house w'^out giveing any accompt of their like or 
Dislike to the same 

A Bill from the house of Deputyes for the settlem' of ifees 
&c — was Read amended and sent them backe by m' Price 
&c — 

A message from the house of Deputyes Desireing a ifree 
Conferance in the afternoone vpon the subject matter of the 
Bill yesterday sent them touching the Court of Sessions — 
Agreed a Conferance bee had as Desired — 

Adjourned till 2 Clocke afternoone 

post m^idiem 



1686] JOURNAL OF GOVERNOR AND COUNCIL,. 155 

The house of Deputyes Came here vpon the Conferance 
w"^ was appointed this morneing touching the bill Relateing 
to y° Courts of Sessions, and after a long Debate the Deputyes 
Departed and the Bill was againe altered tand sent to y® 
Deputyes — 

A Bill brought here from the house of Deputyes for ap- 
pointeing new Comissio" in the County of Monmouth for 
laying out of high wayes bridges landings and fferryes in 
place of Coll Morris John Bowne and Joseph Parker the two 
last being Dead and Coll Morris left the Province. 

Adjourned till 8 Clocke to morrow morneing. 

Att a Councill held att Amboy Perth in the County of 
Middx the Sixteenth day of Aprill Anno Dili 1686 

P'^sent Governor Lawrie 
Major John Berry 
Major W" Sandford 
M"^ Isaac Kingsland 
M^ Benj'^ Price / Councill 

M' Sam" Dennes | 
Henry Lyon j 

A Bill brought here from the house of Deputyes ffor the 
Tryall of all Causes and Cases in the Courts of Sessions — was 
here Read amended and sent to the Deputyes by m'^ Sam" 
Dennes &c — 

Adjourned till 2 Clocke afternoone 

post m'^idiem 

8 The Bill for appointing new Comissioners for laying 
out of high wayes &c in the County of Monmouth againe 
Read — and ordered to bee signed for the Concurrance of this 
Board — 

The Bill touching the Court of Sessions being againe 
Read — 



156 NEW JERSEY COLONIAL DOCUMENTS. [1686 

The house of Deputyes Retourned here the Bill of Costs, 
for money due to the Secretarys office for y" makeing out sun- 
dry Coiuissious &c (w*'*' was formerly sent them) — sayeing 
they app''hended. it Did noewise Concerne them — 

Adjourned till 8 Clocke to morrow morneing 

Att a Council 1 begun and held att Amboy the seventeenth 
day of Aprill Anno Dfii 1686 

P'^sent Governor Lawrie 
Major John Berry 
Major Wm : Sandford 
Isaac Kingsland 
Benj'^ Price 
Sam" Dennes & 
Henry Lyon j 



^ Councill 

! 



A Bill for maintenance of prisoners that have uoe visible 
Estate — brought here from y* house of Deputyes — and Read 
and being Drawne verry short and in many Cases insuffi- 
tient — a new Bill vpon the subject matter was againe Drawne 
up by the Secretery and ordered to be sent to the house of 
Deputyes &c — 

A message from the Deputyes Desireing that the Consider- 
acon for Defrayeing the maintenance of the Goverm' for the 
ifuture and such Charges as are by post — and a provition for 
the Governor and Councill &c being in service of y® Country 
as well as the Deputyes may bee Diifer'd till next assembly — 

9 A Bill from the house of Deputyes for p'"hibiteing the 
weareing of swords daggers pistolls Dirks stilettoes &c by the 
Inhabitants of this province — was here Read — amended and 
sent backe by m"" Sam" Dennes — and againe brought here 
and signed by the Governor &g — 

A Bill touching the Court of Comon Right brought from 
the house of Deputyes was here Read amended and sent them 
backe &c — 



1686] JOURNAL OP GOVERNOR AND COUNCIL. 157 

10 The Bill for Maintenance of Prisoners &c being againe 
brought from the house of Deputyes and signed by their 
speaker w%ut any amendmen'' — ordered that the same be 
signed by our Governor for this boards Concurrance &c — sent 
backe by M'" Dennes 

11 Bill touching and Concerneing the taking vp of Run- 
away servants — was here Read — amended and sent backe to 
y*^ Deputyes by m'^ Dennes and againe brought here and 
signed by our Governor &c — 

12 The Bill touching the Court of Comon Right to bee 
held att Amboy onely and that Twise in Each yeare — was 
againe Read — and signed by our Governor for this Boards 
Concurrance 

Adjourned till 4 Clocke afternoone 

post ra^'idiem 

A ffree Conferance was here held vpon the Bill for the set- 
tlem' of the Secretaryes surveyo""^ and all other officer's iFees in 
this province — vpon the Result it was Concluded that a Com- 
ittee of Each house bee appointed to setle the &'' fees and to 
meete vpon Munday morneing next &c 

Adjourned till 8 Clocke Munday morneing 

Att a Councill begun and held at Amboy the 19*'' April 
1686 

P'^sent Governor Lawrie ^ 
Major John Berry | 
Major W" Sandford } Councill 
M"" Isaac Kingsland | 
M' Benj"^ Price— J 

A Message from the house of Deputyes Desireing a flPree 
Conferance to Debate sundry affaires and in p'ticular the Bill 
for settlem' of ffees — w"*" was granted them — and the house 
of Deputyes Coming in, — 



158 NEW JERSEY COLONIAL DOCUMENTS. [1686 

1'' The Governor made Inquirey of what answer they gave 
touching the scheme of Goverm' formerly Given them in — 



Answer, That they app''hended the same Did 

[fundamental not agree w"" the Constitucon of this province 

and that they vnderstood that the same were noe 

wise bindeing Except past into a Lawe by the 

Generall Assembly — 



Constitutions 
not agreeable 
&c] 



2'^^ There Came in Debate how the Charges should bee 
Defraide for such publicke high wayes bridges and ferryes as 
are already made and to bee made — after some Debate the 
house of Deputy es sayes they will take Care to Draw vp a 
Bill for that Ende— 

3'^ proposed by the Governor how the Councillo" and Sec- 
retary's Charges (who attend for the publicke servise in this 
Assembly) shall bee Defrai'd — after a long Debate — the 
speaker sayes they see no Cause or Reason that the Country 
ought to Defray the same being w'^'out p'sident [precedent]. 

4'^ How y* Secretaryes Bill of Charges for makeing out of 
writts for Elections of Deputyes Comissions for Justices of 
peace &c shal bee Defraid — Answer that they see no Reason 
that the Country ought to pay for the same for that they have 
not Liberty or power to Choose such officers &c — 

« 

5'-^ Ques. who shall pay y^ Kings Attorneyes ffees vpon 
Cryminall accons. — The speaker makeing Answer sayes That 
the proprietor^ haveing all Royaltyes waiths, strayes, and 
ffines ought to pay the same — 

6'"^ proposed by the Governor how they intend to Defray 
the Charges foi* the maintenance of the Governm' the house 
of Deputyes Desired some tyme to Confer amongst them- 
selves vpon the subject matter and w'Mrew. 

A Message from the Deputyes in writeing as followeth 
&c viz' 



1686] JOURNAL OF GOVERNOR AND COUNCIL. 159 

The house of Deputyes haveing a second tyme taken into 
their serious Cousideracon the Bill for maintenance of the 
Goverm' &c Desire Lieve, first to Confer w**" their neighbours 
in Each Towne and County and att the next meeting of the 
Assembly will Retorne an Answer &c — 

Ric : Hartshorne speaker 
Adjourned till 2 Clocke afternoone 

post meridiem 

A paper was given in here by M"^ John Inyens therein set- 
ting fforth that hee has bin att a Considerable Expense to 
accommodate the Country in makeing out a Road to the ifalls 
from his house vpon the Raraton w*"^ is six miles shorter then 
formerly and hath ifurnished himselfe w''' all accomodacon as 
boates Canoes &c ffitting for fferrying over the Raraton River 
all Travelling w"" horses and Catle &c — Desireing this Board 
will bee pleased to order its being a publicke Road for the use 
of the Country and setle the Rates for the fferry &g yv"^ being 
Read It's Agreed and ordered that the Comissio"^^ appointed 
by Act of Generall Assembly for laying out of all High 
wayes Landings and IFerryes in some short tyme Repaire to 
the s*^ fferry and there inspect the same and make their 
Retorne to the Secretaryes office — and as to the s*^ ifees and 
Rates for the iferry the same must bee setled by Act of Gen- 
erall Assembly to w'^'' end this Board will take Care to 
Recomend the same to the house of Deputyes 

A Bill brought here from the house of Deputyes for the 
Inhabitants in Each Towne Respectively to meete and make 
Rates orders &c — w''*' being Read — this Board findeing the 
same not well model'd — Agreed that the Secretary Imediately 
draw vp a new Bill vpon the subject matter w'^'' was done ac- 
cordingly and sent to the house of Deputyes &c. — 

13 The above s*^ Bill was againe brought here w^'out any 
alteracons signed by their speaker — and being Read the sec- 
ond tyme was ordered to bee signed by our Governor for this 
boards Concurrance 



160 NEW JERSEY COLONIAL DOCUMENTS. [1686 

A message from the house of Deputyes as ifollowes 



VIZ' 



The House of Deputyes haveing in Consideracon the season 
of the yeare, and the Emergency of their occacons Require a 
Respite it being planting and seede tyme — Doe propose to the 
Governor and Councill an adjournment of the house of Dep- 
utyes vntill the Third Tuesday in October next — w'^'' being 
Read — Agreed and ordered that this Councill bee adjourned 
till the Third Tuesday in the Month of October next — and 
the whole house of Deputyes being p^sent agreed to the same 

And this Councill adjourned accordingly &c — 

Att a Councill begun and held att Elizabeth Towne in the 
County of Essex the ffifth day of S""' Anno Dni 1686 

P'^sent Governor Lawrie 
Major John Berry 
Major W" Sandford 
M'' Isaac Kingsland 
Benj-^ Price f Councill 

Sam" Dennes & j 

Henry Lyon j 

A Comission from Governor Barclay to Lord Neil Camp- 
bell for the office of Deputy Governor of this Province — was 
here Read — whereupon it was agreed and ordered that the 
same bee Recorded — and that his Lordship is Recognized by 
the Members of this Councill our Deputy Governor of this 
Province of East New Jersey — who liiiediately tooke the 
Chaire &c. 

It's Agreed and ordered that a Proclamacon bee iiSediately 
drawne vp and issued out into Each County in and through 
out this Province setting forth his Lord''''^ Comission w*'' a 
Confirmacon and Continuacon of all Coinissions Magistrates 
and officers both Civill and Millitary in and throughout this 
province till his Lord''" pleasure bee further knowne &c — 

Ja Emott Sec^ 



1686] 



JOURNAL OF GOVERNOR AND COUNCiL. 



161 



Att a Counclll begun and held att Amboy Perth in the 
County of Middx the 20"' day of S"^^"" Anno Dili 1686 

P'sent Lord Neil Campbell Gov' 
Cap' Andrew Hamilton ^ 
Major John Berry | 

M' Sam" Winder } Councill 

M' David Mudy j 

James Emott Sec. J 

The Comission of the Governors Councill was Read whose 
names were as followes viz' 



Gawen Lawrie Esq'^ 
Major John Berry 
Cap' And : Hamilton 
Cap' Tho : Codrington 
^' Cap' Ric : Townley ]- Couucillo"" 
Sam" Winder gent 
John Johnstone gent 
David Mudy gent 
James Emott Sec 



The house of Deputyes sent here a Message that their 
Members Desired to see his Lords'''^ Coiiiission for Dep' Gov- 
ernor — w"^ was given to the Messingers, and after they had 
p'^used the same in their house againe Returned the s** Com- 
'ission 

The Members of Councill made their vsuall sub- 
scription here in open Councill &c — 

A Bill for Repealeing of a late Act made for the Raizeing 
the value of money in this province w*"'' being Read and the 
same being amended and Transcribed out was againe sent to 
the house of Deputyes for their Concurrance &c — 



A Message to y'^ Deputyes was sent as ffollowes 



VIZ" 



11 



162 



NEW JERSEY COLONIAL DOCUMENTS. 



[1686 



Whereas att the geu'^all Assembly held att Amboy in the 
month of Aprill last past it was proposed to the house of 
Deputyes by this board That a Bill might bee Drawne by 
them for the Maintaineance of the Goverm*^, and the Consid- 
eracon thereof being by [them] Ditfer'd till the meeting of 
this p'^sent Assembly — This is againe to Renew the proposall 
to the s*^ house of Deputyes to the intent a Bill may bee 
Drawne vp to Defray the same &c — 

Bill for Repealeing of a late Act made for the Raiseing of 
the value of money in this province being sent here fairely 
Transcribed according to the amendm'^ and signed by the 
speaker — w'"' being Read — It's Agreed and ordered that the 
same be signed by his Lords'''' for this boards Concurrance — 
and was againe sent backe by ra"" Sam" Winder and major 
John Berry &c — 

Adjourned till 2 Clocke afternoone 

post m'"idiem 

A Bill for Enableing the ffreehold" in Each Respective 
Towne to meete, agree, and propose prudentiall orde" and to 
Choose and [a] Towne Clarke w'''' being read the Consideracon 
DiiFer'd till next morneiug — 

Adjourned till 8 Clocke to morrow morneing 



Att a Councill held att Amboy Perth in East new Jersey 
the Twenty ffirst day of October Anno Dili 1686 

P'"sent L*^ Neil Campbell Governor 
Gaweu Lawrie Esq"" ~^ 
Major John Bert-y | 

Cap* And : Hamilton 
M' David Mudy 
M-^ Sam" Winder & 
James Emott Sec-^ 



Councill 



1686] JOURNAL OF GOVERNOR AND COUNCIL. 163 

A Bill touching y* Court of Sessions for the County of 
Middx sent here from the house of Deputyes was Read — and 
some alteracons being therein made the same was againe 
Returned to the house of Deputyes — 

The Bill w"*" last night was brought here from the house 
of Deputyes to impower the ffreeholders in Each Respective 
Towne to meete & make Locall and prudentiall Lawes &c 
— was againe Read — and being taken into mature Considera- 
con it's the sence of this Board that the thing Desired in the 
s*^ Bill is fully p'^vided for in a former Act made the last 
Assembly — 

Adjourned till 2 Clocke afternoone 

2 The above s^ Act touching the Court of Sessions in 
Middx County was againe sent here fairely Transcribed w*"" 
what amendm'^ was made by this Board and signed by the 
speaker to the house of Deputyes — w"*" being Read — Agreed 
and ordered that the same bee signed by his Lord''^ for this 
boards Concurrance and to bee sent backe to the house of 
Deputyes by Major John Berry and James Emott w'''' was 
done accordingly — 

A Bill was sent here from the house of Deputyes for a pen- 
alty vpon such p'"sons as shall for the IFuture Continue in the 
office of sheriife above one yeare — w"^*" being Read — and some 
small amendm** being made — the same was Retorned by m"^ 
Mudy — 

A Message from the house of Deputyes Desireing a ifree 
Conferance touching the subject matter of the above s*^ Bill 
Relateing to High Sheriffes Agreed a ifree Conferance 
ifaediately bee had w"" the house of Deputyes — and they 
Comeing before this board the same was ifreely debated — 
Whereupon it's was agreed and ordered by Consent of both 
houses — That the Secretary Imediately draw vp a new Bill 
that noe Sheriffe shall Continue in the s'^ office above one 
yeare and that they shall always bee Comissionated vpon the 



164 NEW JERSEY COLONIAL DOCUMENTS. [1686 

ffirst Tuesday in the month of January yearely w*** a penalty 
of Twenty pounds that shall Refuse to accept of such Coin- 
ission &c 

Adjourned till 8 Clocke to morrow morneing 

Att a Councill held att Amboy the 22"' day of 8"^"^'' Anno 
Dni 1686. 

P^'sent L"* Neil Campbell Governor 
Major John Berry ^ 
Cap* And : Hamilton I 
M-- David Mudy & \ Councill 
James Emott Sec. j 

The Bill touching the office of Sheriffe was againe Drawne 
out by the Secretary and here Read — and ordered to bee sent 
to the house of Deputy es — w''' was Done accordingly by 
Major John Berry 

A Bill touching the Courts of Sessions of this province in 
generall w"^ was offered the last assembly was sent here by the 
house of Deputyes — and Read — 

Agreed and ordered that the Message w'^ the ffirst day of 
this Assembly was Drawne vp — touching the maintenance of 
the Goverm' bee sent to the house of Deputyes — w"*" was 
done accordingly by major John Berry and Cap' Andrew 
Hamilton — 

Adjourned till 2 Clocke afternoone — 

A peticon from the Inhabitants of the Towne of Amboy 
Perth for a Coinission for a Court of small Causes according 
to Act of generall assembly — w'*" being Read — Agreed they 
have a Coinission granted them — and the Coinissioners be m'' 
Benj" Griffith m"^ James Armer and m" Benj''^ Clarke — 

3 The Bill touching sheriffes was againe brought here from 
the house of Deputyes w^'^out any alteracon signed by their 
speaker — and being Read and signed by his Lords''^ for this 
Boards Concurrance &c 



1686] JOURNAL OF GOVERNOR AND COUNCIL. 165 

a Conferance was had by a Comittee of the house of Dep- 
utyes and this Councill touching the Bill for setlem' of ffees, 
w* was wholy agreed vp, and y^ same was Carryed backe to 
the house of Deputyes to bee fairely Ingrossed — 

Adjourned till 8 Clocke to morrow morneing 

Att a Councill held at Amboy Perth in the County of 
middx the 23'* day of October Anno Dni 1686 

P''sent L** Neil Campbell Governor 
Major John Berry 
Cap* Andrew Hamilton 
M' Ric Townely i ^ 

M^ David Mudy . ^ ^«"°^^^1 

M"" John Johnstone & 
James Emott Sec. 

Agreed that a Message bee sent to the house of Deputyes 
to Recomend to them the Act made in the last Assembly 
touching the weareing of Armes to the end the same may bee 
either Repealed or such alteracons made therein — as publicke 
Armes as swoards &c may not bee prohibited to any — The 
Message sent by Cap' Andrew Hamilton and Major John 
Berry — 

The High Sheriffe of the County of Bergen brought here 
the boddyes of Rowleof Vanderlinde Andresse Lawrenson, 
Lawrence Lawrenson, Dericke Eptkeyes Cornelius Christian- 
son Hans Christiansen Eptkey Jacobs and Weart Eptkey — 
pursuant to a proclamacon issued out to the s** High Sheriffe 
for a Riote by them Coraitted in the s* County and for Re- 
fuseing to obey the Kings Authority there, and sundry 
Depositions being here Read, and also sundry warr*^ and 
the Sheriffes Retorne therevpon, wherein appeares the great 
insolency of the s** p'sons in breach of the Kings peace and 
Contempt of the Lawes of this province — the p^'misses being 
duely Considered and vpon mature Consideracon, It's vnani- 
mously agreed and ordered that the aboves** p^'sons and every 



166 NEW JERSEY COLONIAL DOCUMENTS. [1686 

of them stand Close Comitted to ye Comon Gaole of Wood- 
bridge there to Remaine vntill they shall give good and suffi- 
cient security and that in the sume of Each of them one 
Hundred pounds before some Justice of peace of this County 
for their p'^sonall appearance att the next Court of Comon 
Right to bee held att the Towne of Aniboy Perth the second 
Tuesday in the month of April 1 now next ensueing to Answer 
the p''misses, and that in the meane tyme to bee of the good 
behaviour &c ; — and also that liSediately bee Comitted to the 
hands and Custody of the High Sheriffe of middx who is 
hereby Required in the Kings name to take the said p^'sons 
into his Custody and them safely keepe vntill the [they] 
shall give such security as above or bee Discharged by due 
Course of Law — 

It's also agreed and ordered that Major John Berry issue 
out his warr' to the sheriiFe of the County of Bergen to take 
into his Custody the boddy of Lawrence Andress of Bergen 
and him safely keepe soe that hee may have his boddy att the 
next Court of Comon Right to bee held att Amboy the second 
Tuesday in the month of Aprill next to Answer to such 
Articles and things as shall bee objected ag* him vpon the p^'t 
and behalfe of our Lord the King &c 

The Bill touching the Secretaryes and other ffees was 
brought here from the house of Deputyes fairely Transcribed 
according to the last nights settlem* — w'^'' being Read agreed 
and ordered that the same bee signed by his Lords^^ for this 
boards Concurrance — 

Adjourned till Munday 2 Clocke afternoone — 

Att a Councill begun and held att Amboy the 25*'' day of 
October Anno Dni 1686 

P'sent Lord Neil Campbell Gov' 

Cap* And : Hamilton ^ 
M' David Mudy j 

M' Johnstone f Councill 

James Emott Sec : j 



1686] JOURNAL OF GOVERNOR AND COUNCIL. 167 

The Councill being meet according to the Adjournment, 
and there being Litle businesse offering the house of Deputyes 
not being all Convein'd agreed that this Councill bee ad- 
journed till 8 Clocke tomorrow morneing 

And this Councill adjourned accordingly — 

Att a Councill held att Amboy Perth in East new Jersey 
the 26"^ day of 8'^'" Anno Dfii 1686 

P''esent L*^ Neil Campbell Governor 
Major John Berry ^ 

Cap* Andrew Hamilton j 
M'" John Johnstone ]■ Councill &c 

M' David Mudy j 

James Emott Sec j 

The Bill touching the Courts of Sessions for tryall of all 
accons &c in the County where the ffact doth arise was here 
Debated by a ffree Conferance of both houses, and many In- 
conveniences being apparently sett forth to all or most p^t of 
the Articles of the s*^ Bill by the members of this Councill 
the house of Deputyes Retorned to their house seemeingly 
Contented — 

Adjourned till 2 Clocke afternoone 

post m"'idiem 

One John Duty was brought here before this Councill for 
speaking sundry words of Evell import ag' his p'^sent ma''^ 
the King of England, and being Examined vtterly Denyed 
the same, and the Informer Peter Prew being also Examined, 
a message was sent to the house of Deputyes for a ffree Con- 
ferance vpon the subject matter of the Complaint, and to fall 
vpon a way whereby the s'^ John Duty might bee brought to 
a Legall Tryall in some short tyme and after some Debate 
w* the house of Deputyes touching and Concerneing the 
p'^misses It was agreed that the further Consideracon thereof 



168 NEW JERSEY COI.ONIAL DOCUMENTS. [1686 

bee Diifer'd till thirsday moriieing next — and that as well the 
b'' Peter Prew as the b'' John Duty in the mean tyme Remaine 
in the Sheriifes Custody the s"' Prew not haveing made his 
Complaint w^^'in Eight and ff'orty hours as the Law Directs 
but has Delayed the same for severall monthes — 

4 A new Bill touching the Courts of Sessions was againe 
Drawue vp by the Deputyes That all Transitory Accons not 
Exceeding tfive pouuds should be tryed in the Court of Ses- 
sions where the fact shall arise etc — w'*" being Read and sent 
backe to the Deputyes after some small amendm'', the same 
againe was sent here fairely Ingrosed w"" the amendm'* — w*^'' 
was ordered and Agreed to bee signed by his Lordb''^' for 
Concurrance of this Board — 

Adjourned till 8 Clocke Thirsday morneing 

Att a Councill held att Amboy Perth in East Jersey the 
28*'' day of October Anno Dni 1686 

P^sent L" Neil Campbell Gov"^ 

Major John Berry ^ 

Cap' Andrew Hamilton I 

M-^ Sam" Winder 

M"^ David Mudy 

M"" John Johnstone & 

James Emott Sec 



r Councill 



The house of Deputyes Comeing here Delivered in their 
opinion that a spetiall Court ought not to bee granted for the 
Tryall of John Duty who was Examined vpon Tuesday last 
before this Councill — wherevpon it was agreed and ordered 
that the s** Duty bee bound over to the next Court of sessions 
to bee held for this County to Answer the p'"misses and that 
also Peter Prew bee bound over to give his Evidence &c — 

The Act formerly made touching the Rangers office came 
here in Debate as to severall Articles and things therein Con- 
tained and the Deputyes againe Retorned to their house &c — 
Adjourned till 2 Clocke afternoone 



1686] JOURNAL OF GOVERNOR AND COUNCIL. 1 G9 

A Message from the house of Deputyes Desireing a ffree 
Conferance touching a former message sent from this Board, 
for Raiseing money for maintenance of the Goverm', Agreed 
and ordered that To morrow morneing att nine Clocke bee 
the hour appointed for that service — 

A Bill touching an Act formerly made for the office of 
Ranger being sent here from the house of Deputyes — and 
Read — the Consideracon Differ'd till next morneing — 

A Bill touching servants was Drawne vp by the Secretary 
and sent to the house of Deputyes by m'" Sam" Winder and 
James Emott 

Adjourned till 8 Clocke to morrow morneing 

Att a Councill held att Amboy Perth in East New Jersey 
the 29* day of October Anno Dfii 1686 

P^sent L" Neil Campbell Gov'' 
Gawen Lawrie Esq"" 
Major John Berry 
M^ Sam" Winder 
Cap' And : Hamilton ,• Councill 
M'^ John Johnstone 
M-^ D Mudy & 
James Emott Sec. 

The whole house of Deputyes Came here vpon the Confer- 
ance yesterday appointed for Raiseing a supply for support 
and maintenance of y® Goverm' The speaker m"" Hartshorue 
Delivered the sense of the house of Deputyes touching the 
subject matter of the Conferance, Declareing that the planters 
and Inhabitants of this Province have bin att Equall Charges 
■w"' the proprietors in England, in that they have made all 
High wayes bridges Landings and prisons &c — and also it 
was the Complaint of the House of Deputyes that great p^'t 
of their Land has bin lately granted to others to w"*" they 
had an vndoubted Right and sundry other Evations — w'' was 
fully Answered them by our late Governor Gawen Lawrie. — 



170 



NEW JERSEY COLONIAL DOCUMENTS. 



[1686 



But after all the house of Deputyes Desired tyme till the 
meeting of the next Assembly for a further Consideracon m'' 
Speaker Declareing amongst other things why they ought not 
grant a supply as above, was, for that they were not willing to 
maintaine a goverm' ag* themselves &g — 

Agreed and ordered that a Coiiiission bee granted out by the 
Proprietor's to m'' Sani'^ Winder for the Kings Attorney Gen- 
erall of this Province of East New Jersey. 

Adjourned till 8 Clocke tomorrow morneing 

Att a Councill held att Amboy Perth in East New Jersey 
the 30* S'''' 1686 



1 



Councill 



P-^sent U' Neil Campbell Gov' 
Gawen Lawrie Esq" 
Major John Berry 
Cap' A. Hamilton 
M' Sam" Winder 
M" David Mudy 
James Emott Sec 

James Scott (sonn of George Scott of Picklockey late of 
the Kingdom of Scotland Deceased) came before this Councill 
being a Minor and made choyse off m^" John Johnstone and 
m"^ George Willox to bee his Guardians — who were Admitted 
accordingly — They giveing in sufficient security to bee ac- 
comptable to the s*^ James Scott when hee shall attaine to the 
age of one and Twenty yeares — 

Att a Councill begun and held att Amboy the Tenth day 
of December Anno Dili 1686 

P'-sent L'^ Neil Campbell Gov"^ 
Gawen Lawrie 
Cap* And : Hamilton 
M"" Isaac Kingsland 
M" Ric Townely ]■ Councill 

M" Sam" Winder 
M' John Johnstone & 
James Emott Sec. 



1686] 



JOURNAL OF GOVERNOR AND COUNCIL. 



171 



Lord Neil Campbell gave the members of this Councill an 
Accompt of the vessell that was soe lately taken away from 
this port by order from the Governor of New Yorke — and 
alsoe his Lords^"* shewed a Coppy of a Letter hee sent to the 
Governor of New Yorke Relateing to the takeing away of 
the s'^ vessell, w"" the Governors Lett" to his Lords'''' in answer 
thereto — w''*' being Read — vpon the whole matter his Lords''' 
Desired advise in the p'misses from the Members of this 
Councill for a suitable addresse to his Ma*'^ in Councill — after 
some debate and mature Consideracon It's the sense of this 
Board that a Letf^ be Drawne vp by the members of this 
Councill and sent to the proprieto'"s in England Dilateing the 
whole Case — and Leave the same to them to bee managed as 
in their great wisdome they shall see meete — * 

His Lords'''' alsoe gave this Board an accompt that some 
vrgent aifaires called him for Brittan — soe haveing power by 
virtue of his Comission (w"'^ was here Read) to appoint a 
Deputy hee nominated Cap' Andrew Hamilton one of the 
Members of this Councill to supply his place of Deputy Gov- 
ernor till his Retorne — Cap* Hamilton Excused himselfe 
verry much, but being pre^' vpon by his Lords'''" to accept 
thereof Desired tyme till next morneing to advise about the 
same and to give this Board his answer whether hee could 
w"" Conveniency accept thereof or not — 

Adjourned till 8 Clocke tomorrow morneing 



Att a Councill begun and held att Amboy the Eleventh 
day of December Anno Dili 1686 

P'sent L'' Neil Campbell Gov"^ 
'' Gawen Lawrie 

Cap' A Hamilton 

M"" Kiugsland 

M" R Towuely \ Councill 

M'^ Sam'i Winder 

M"" John Johnstone 
^ James Emott Sec 

■■ See N. Y. Col. Docs., III., 348, 353, 392, 408, 416, 493, 502 ; IV., 382. 



172 NEW .IKRSEY COLONIAL DOCUMENTS. [1(586 

Tlio Counoill being meet, Cap' Hamilton againe Excused 
himst'It'o of what was proposed by bis Lords'"' the last night 
in lakoiug vpon him the Governm' as not agreeing w*'' the 
Exigency of his alVaires ^'cc. — Rut vpon the whole Ca])' Ham- 
iUou Consented to accept cf the same w"'' was to the good 
likeiiig of the Members of this Councill, — Excepting Gaweu 
Ivawric Esq'' who Desired his ]>'test might bee Ented ag' Cap' 
Hamilton his being Governor tfor that bee was already out of 
Esteeme w^'' the planters and Inhabitants of this Province, 
the w"'' would prove p'^iuditiall to the pro])rieto" Interest c*kc 

The Lett' w'"'' yesterday was ordered to bee drawne vp was 
here Read — and signed by all the Members of this Councill 
It's Agreed and ordered that Imediately Coiuissions bee 
granted out for malitia office''* as follows To M'' Ric Townely, 
for Ca})' of iVoot Company Consisting of the Inhabitants of 
Eliz* Towne and out plantations &c To M' Isaac Kings- 
land for Caj)' of a ifoot Company Consisting of the Inhabit- 
ants of Aquickanuc and new Barbadoes — To M'^ James 
Emott Ifor Captaine Lieu' of a tl'oot Company Consisting of 
the Inhabitants of Amboy Perth vnder the Comand of the 
Lord ^^oil Campbell — 

Agreed and ordered that a Coiuission bee imediately granted 
vnto James Emott for Clarke of the peace of the County oi^ 
Middx c^-c— 

Att a Councill held att Amboy Perth the 27"' December 
1G86 

P'»ent L'' Neil Campbell Gov^ 
Cap' A Hamilton ^ 

Cap' Isaac Kingsland I 
Cap' Ric Townely ^ Councill 

M"^ John Johnstone <*(: 
James Emott Sec J 

Mv Lord gave this Board an Accompt of the Transaccous 
of the Justices of the County of Middx in holding a Court 
att the Towne of Piscataway, the 3** Tuesday in this Instant 



1686] JOURNAL OF GOVERNOR AND COUNCIL. 173 

month of December Contrary to Act of General Assembly 
and the Governors p^'dcular j/clamation — Whereupon it's 
Agreed and ordered that a warr' bee issued out to the High 
Sheriffe of the County of Middx Imediately to bring before 
this Councill on to morrow morneing by Eight of the Clocke 
the boddy of M'' Sara'^ Dennes of Woodbridge who was 
p^'sident of that Court — to Answer to p'^'misses &c — 

Att a Councill held at Amboy Perth in East New Jersey 
the 28"^ lO"^^'- 1686 

p'sent L** Neil Campbell Gov' 
Cap*^ A Hamilton ^ 

Cap' R Townely | 

Cap' Isaac Kingsland ]■ Councill 
M'' John Johnstone & I 
James Eraott Sec. j 

The Councill being mett the High Sherlife of the County 
of Middx brought before this Board (pursuant to an order 
yesterday made) the boddy of M"" Sam'^ Dennes — ffor holding 
a Court att the Towne of Piscataway the Third Tuesday in 
this Instant month of December Contrary to Law — vpon 
Examinacon M"^ Sam'^ Dennes Denyed not the matter of tfact, 
but alledged it was not Contrary to Law — and vpon the whole 
matter It's Agreed and ordered that IVP Sam" Dennes have a 
weekes tyme granted him to ffind security and that in the sum 
of 300"" for his p'sonall appearance att the next Court of 
Coinon Right to bee held att the Towne of Amboy Perth the 
second Tuesday in the Month of May now next ensuing then 
and there to Answer the p'misses — and for want thereof 
afterwards by warr' to be issued out from some of the Mem- 
bers of this Councill to stand Close Cofnitted to the Gaole of 
Woodbridge there to Remaine vntill hee shall be Discharged 
by due Course of Law — 



174 NEW JERSEY COLONIAL DOCUMENTS. [1687 

Att a Councill begun and held att Amboy Perth the 
Twelfth day of March 168f 

P'^sent Andrew Hamilton Esq' Gov'' 
Gawen Lawrie Esq"" 
Cap' Ric Townly 
M' Sam" Winder 
M"" John Johnstone & 
James Emott Sec 

Cap* Andrew Hamilton pMuced here a Coiuission vnder the 
province seale and signed by L*^ Neil Campbell for the office 
of Deputy Governor of this province of East New Jersey 
vntill His Lords^^ Retorne from England or the proprieto" 
pleasure further Knowne w'''' being Read — agreed and ordered 
that the s*^ CoiSission bee Entred vpon the publicke Records, 
and also that p'clamacons bee issued out into Each County 
w'^'in this Province signifieing the same and that all officers 
Civill and Millitary bee Continued in their Respective offices 
& places till further order — 

Agreed and ordered that a Coinission bee granted to Robt. 
Hamilton of Middletowne for office of Clarke of the peace 
of the County of Monmouth &g — 

Att a Councill held att Amboy Perth in East New Jersey 
the 30*'' 9''^' 1687 

p'"sent Governor Hamilton ^ 
Cap* Ric Townely I 
M-^ Sam" Winder & f 

I 

James Emott Sec j 

James Graham Esq"" one of the Coinissio''' of his Ma"*^ 
Revenue of the Province of New Yorke and Dependences 
produced to this Board a Duplicate of an order from the 
Lords CoiSissio's of his Ma"°' plantations in America bearing 
date the xiiij"" August last past Directed to his Excellency 
Thomas Dongan Cap* General 1 and Governor in Chiefe of 



1688] JOURNAL OF GOVERNOR AND COUNCIL. 175 

New Yorke, — signifieing his ma*'®' pleasure that all shipps 
and vessells bound for New Perth in this province of East 
New Jersey shall have ffree liberty to goe Directly thither 
w*''out touching att New Yorke Provided alwayes that this 
Go verm* of E. New Jersey doe suifer such p'^son as the Cap* 
Generall of New Yorke or the Receiver Generall of his 
ma*'"^ Hevenue there for the tyme being shall appoint peace- 
ably and quietly to Receive and Collect for his Ma*'"' use all 
such Customes and impostes as are vsually paid att New 
Yorke for such ships and their Ladeing as shall Enter there* 
— w''*' being Read, — and also a Comission to Myles ifoster for 
the office of Collecto"" and Receiver of his Ma''**^ Revenue att 
New Perth afores'' beareing also Date the 26"' 9'""" Instant 
and signed by the said James Graham and Stephanus Court- 
land Esq"" the other Comissioner of his ma*'"^ Revenue att 
New Yorke afores*^ to w*''' Coinission was annexed a schedule 
of the Customes and impostes as are paid there Certified 
vnder the hands of the s'' Cofnissio"' and the seale of their 
office, — wherevpon it's agreed and ordered that the same bee 
Recorded in the publicke Records of this Province of East 
New Jersey, — and that fforthwi*'' Proclamacons bee issued to 
the High SheriflPe in Each County for the publicacon thereof — 

Ja' Emott Secy 

Att a Cbuncill begun and held att Amboy Perth the flfbur- 
teenth day of may Anno Dfii 1688 

P'^esent Governor Hamilton 
Major John Berry 
Cap* Ric Townly 

Cap* Thomas Codrington i ^ .„ 
M^ Sam" Winder ^ Councill 

Cap* Isaac Kingsland & 
James Emott Sec — 

This being the ffirst day of the Assembly the whole house 
of Deputyes came here and nominated m"" Ric Hartshorne 

*See N. Y. Col. Docs., III., 428 ; N. J. Archives, I., 540. 



176 



NEW JERSEY COLONIAL DOCUMENTS. 



[1688 



their Speaker — after w*"'' the Governor gave them an accompt 
of the great Reason of their meeting at this tyme, vi"^ was 
touching the warr w"" the Ifreuch att Canade Then was Read 
the Kings Letter to his Excellency the Governor of New 
Yorke to call for assistance from the Neighbouring Province 
if neede should Require — also his Excell Letter to y® Gov- 
ernor and Councill of this Province for assistance in the warr 
was Read — and left to the Consideracou of both houses for a 
suitable Answer adjourned till 8 Clocke to morrow morneing 

The names of the Deputyes for this p'^sent yeare are as ffol- 
lowes viz' 



John Parker & [ Eliza: 

Jeflery Jones i Towne 



John Curtis > ffor Newark e 



] New 

r Barl 



Richard Berry , Barbadoes 



Peter Hessells & 

Enoche 

Machielson 



Bergen 
Corp'acon 



out 



W™ LaAvrence > PlantaCons of < c„™ii Moorp ( Woodbridge 
Bergen 



Sam" Dennes 



1 



r 



1 



John Lang- \ \ j out Planta- 

stafFe & r Piscataway "I m^ John White r cons vpon 

Geo Drake I i 1 Raraton 



J 



I J 

Ric : Hartshorne 



W-Haige& ... Middle- 

Benr Griffith Amboy Perth & John 

■^ ) I Throgmorton ) -^owne 



Ebakin Wardall 

& 1- Shresberry 

Judah Allen 



1688] 



JOURNAL OF GOVERNOR AND COUNCIL. 



177 



Att a Councill held att Amboy Perth the 15"' day of May 
Anno Dili 1688 

P'^sent Governor Hamilton 

Major John Berry ~^ 

Cap' Ric Townly I 

Cap' Isaac Kingsland ! 
M"" Sam" Winder 
Cap' Tho : Codrington & 
James Emott Sec 

Sundry orders and Instruccons from his Ma''" touching the 
privaters &c and also, what plate &c has bin lately taken vp 
neere High spaniola &c was here Read* — also sundry Trans- 
accons by the proprietor's in England in the managem' of the 
aifairs of this province w"' his Ma''" &c and also the propri- 
etors Lett^ to this Councill Dated the 20'" August 1687 
Adjourned till 2 Ciocke afternoone 

post mr'diem 

The house of Deputyes sent here a Message by six of their 
Number Desireing to see the Governors Coinission w*^'' was 
sent to house of Deputyes by the s'' p'"sons — and after a verry 
short tyme the same was Retorned by the Like number who 
gave this Board to vuderstand that they well approved of the 
s"^ Coiiiission — 

Adjourned till 8 Ciocke to morrow morneing 

Att a Councill held att Amboy Perth the 16"" day of may 
Anno Dili 1688 

P'sent Governor Hamilton 
Major John Berry 
Cap' Tho : Codrington 
Cap' Ric Townely )- Councill 

Cap' Isaac Kingsland 
Mr Sam" Winder & 
James Emott Sec 



*See N. Y. Col. Docs., III., 490, 491. 



12 



178 NEW JERSEY COLONIAL DOCUMENTS. [1688 

The house of Deputyes not haveing ottered anything to y" 
Consideracon of this Board touching the atFaires of this 
Assembly, a Message was sent them from this Councill 
carryed by m"^ Kingsland and Major Berry Desireing as quicke 
a Dispatch as the weightinesse of the atfaire will allowe, tyme 
being pretious by Reason of the season of the yeare — 
Adjourned till 2 Clocke afternoone 

post m'"idiem 

A Message from the house of Deputyes brought 
here by Eliakim Wardall & Benj'' Griffith, — as fol- 
lowes &c 

To the Hon'"' Governor and his Councill 

Whereas att a generall Assembly begun and held att Amboy 
Perth in the province of East New Jersey the Nineteenth day 
of 8*'®"' 1686 and there Continued by severall Adjournem*' 
vnto the 29* of the same Month ffive Acts were past for the 
publicke weale of this province &c — 

Wee the Rep'sentatives therefore Request yo"" Honor and 

Councill would bee pleased to appoint some Members of yo'^ 

house to Conferr w* some of ours, for the Coppying and 

Examineing the s** Acts, and then wee Desire publicacon of 

the same, soe that wee may not onely Enjoy the benefitt arise- 

ing thereby, but also gratefully acknowledge the Contentmen' 

this province will Receive 

Ric. Hartshorne speaker 

W*" message being Read and Considered — It's agreed and 
ordered that m'' Sam'^ Winder and Cap* Ric Townely bee the 
p"'sous appointed to give the house of Deputyes an Answer to 
the above s'^ Message, and that there may bee a tFree Confer- 
ance vpon the subject matter of the s'^ Message — 

The whole house of Deputyes Came here vpon the above 
s** Conferance — and vpon the whole matter it was agreed by 
Consent of both houses that the s' original Lawes made as 



1688] JOURNAL OF GOVERNOR AND COUNCIL. 179 

afores*^ bee brought to this Councill in order Coppys bee made 
thereof by the Secretary, and Examined by a Coiiiitee of both 
houses in order to bee sent into Each County for publica- 
con &c — 

The house of Deputyes sent here the said originall Lawes 
by M'' John White and Benj'' Griffith, and Desired they might 
bee Recorded and Coppys made. — 

The house of Deputyes sent here a Message for the King's 
Lett"^ to y^ Governor of Yorke and alsoe his Lett' to our 
Governor and Councill touching the affairs of Albany &c and 
the same were sent them — 

Adjourned till 8 Clocke to morrow morneing 

Att a Councill held at Amboy Perth the seventeenth day 
of May Anno Dni 1688 

P'sent Governor Hamilton 
Major John Berry 
Cap' Isaac Kingsland 

Cap' Ric Townly i _, .„ 

n trru n /I • 4. ( Councill 
Cap' iho: Codrington 

M-- Sam'i Winder & 

James Emott Sec 

A message from the house of Deputyes Desireing a Comit- 
tee of this Councill to meet six of their house to Consult 
touching the Kings Letter or order and also the Governor of 
Yorkes Letter about the affaires of Albany — wherevpon it's 
agreed and ordered that m"" Sam^' Winder Cap' Thomas Cod- 
rington and Major John Berry bee the p'"sons appointed to 
meete a Comittee of the house of Deputyes att 2 Clocke 
afternoone touching the p'"misses and to make their Report to 
this Board. 

Adjourned till 2 Clocke afternoone 



180 NEW JERSEY COLONIAL DOCUMENTS. [1688 

post m'"idieQi 

Major John Berry Cap* Thomas Codrington and M"^ Sam" 
Winder Retorned here from the Comittee and made their 
Report, That the house of Deputyes Desired the sense of this 
board whether it was fitt and necessary for this province to 
allow any assistance to Governor DoDgan touching the warr 
w'*' the ifrench seing that the Kings order was not Come to 
hand &c — where vpon Major John Berry &c gave them to 
vnderstand that it was the Cleare sense of this Councill that 
neverthelesse assistance ought to bee given by this province 
for that it was as well for the Defense and safty of vs here as 
them of the province of New yorke — 

A Message from the house of Deputyes brought here by 
m' W™ Haige and M"^ John White signifieing that it was 
Agreed in their house that a supply bee given to the Gov- 
ernor of New Yorke ffor the affaires of Albany and that they 
Desire a Comittee from this Board may bee appointed to 
meete six of their house to agree vpon a sume to bee Raised — 
and the manner thereof — It's Agreed that M"" Sam" Winder, 
Major John Berry and Cap' Codrington bee the p'^sons ap- 
pointed to attend the same — 

Adjourned till 8 Clocke to morrow morneing 

Att a Councill held att Amboy Perth the 18''* May 1688 

P'sent Gov"" Hamilton 

Major John Berry 

Cap' Townely 

Cap' Codrington ^ Councill 

Cap' Kingsland 

M"^ Sam" Winder 

James Emott Sec 

Major John Berry M"^ Sam" Winder and Cap' Thomas 
Codrington made their Report of the Debate the [they] had 
w'^ the Comittee of the house of Deputyes the last night 



1688] JOURNAL OF GOVERNOR AND COUNCIL. 181 

touching the Raiseing of a supply of money for his Ma"*^ 
service for the affaires of Albany &c and sayes that it was the 
opinion of the Deputyes that the sume of 500"' bee a Com- 
petent supply of money to bee Raised for that service the 
Country being pore — 

Adjourned till 8 Clocke to morrow morneing 



Att a Council! begun and held att Amboy Perth 19^^ May 
1688 

p^'sent Gov"" Hamilton 

Major John Berry 

Cap' Isaac Kingsland 

Cap' Tho : Codrington y Councill 

Cap' Ric Townely 

M'^ Sam" Winder & 

James Emott Sec 

The house of Deputyes sent here by two of the Members, 
viz' John Parker and John Curtis the heads of a Bill for 
Raiseing a supply of money for the aifaires of Albany &c — 
w*^*" being Read — It's Agreed and ordered that a Message bee 
sent to the house of Deputyes Desireing a Comittee of both 
houses may linediately meete to Discourse vpon the matter of 
the heads of the s'^ Bill, — The Message Carryed by m'' Sam" 
Winder and Cap' Thomas Codrington to w"'' the Deputyes 
Consented and to meete 2 Clocke afternoone — 
Adjourned till 2 Clocke afternoone 

The house of Deputyes sent here a Message that 6 of their 
Number were Ready to attend a Comittee of this Councill 
touching the heads of the aboves*^ Bill and that they intended 
to adjourne their house till 2 Clocke munday afternoone — and 
m'' Sam" Winder Cap' Codrington and Major Berry were sent 
to attend the s'^ Comittee and this Councill 

Adjourned till 2 Clocke Munday afternoone — 



182 NEW JERSEY COLONIAL DOCUMENTS. [1688 

Att a Councill held at Amboy Perth the Twenty ffirst day 
of May 1688 

P^'sent Governor Hamilton ^ 
Major John Berry I 
M"" Sam" Dennes Y Councill 

Cap* Isaac Kingsland 
James Emott Sec 

A Bill brought here from the house of Deputyes, — touch- 
ing sumoning of Jury men by a s'umons Left att their house 
&c w"*" was here Read — amended and new Transcribed over, 
was sent backe to the house of Deputyes — 

Another Act was brought here from the house of Depu- 
tyes — Desireing that all Errors Mistakes and Misunderstand- 
ings touching the late Acts of Generall Assembly made in 
the month of 8^^'" 1686 — and all Differances touching or Con- 
cerneing the same may bee buried in oblivion — w"''' act was 
here Read — amended — and sent backe to the house of Depu- 
tyes by m"" Sam" Winder 

Adjourned till 8 Clocke to morrow morneing 

Att a Councill held att Amboy the Twenty second day of 
may Anno Dili 1688 

P'sent Governor Hamilton 
Major John Berry 
Cap* Tho Codrington 
Cap* Isaac Kingsland [ Councill 
M^ Sam" Winder f 

Cap* Ric Townely & | 
James Emott Sec j 

The Bill for sumoning Jury men was againe brought here 
and vpon further Debate this Board see Cause to make some 
alteracons in the s*^ Bill and againe sent it backe to the house 
of Deputyes — 

A Bill was Drawne vp by this Board for makeing the 



1688] JOURNAL OF GOVERNOR AND COUNCIL. 183 

vpper p'^t of both sides of the Raraton River above the Bound 
Brooke to bee a Distinct County &g sent to the house of 
Deputyes by Major John Berry and Capt Kingsland — 

1 The Bill touching the sumoning of Jury men was againe 
brought here from the Deputyes and signed by their speaker 
— v/'^^ being Read the Governor signed the same for this 
Boards Concurrance — 

a Bill was Drawne up by the Secretary for a Court of small 
Causes for the out plantations in Bergen County and also for 
aquickenuc and New Barbadoes in the County of Essex and 
was sent to the house of Deputyes by major John Berry — 

Peticon of Joseph ifrazey — was here Read — wherein hee 
Desires this Board and house of Deputyes will bee pleased ta 
order that the peticoner may bee paid for assisting the CoiS- 
issi" in laying out and markeing the High wayes from Towne 
to Towne &c Agreed the same may bee sent to the house of 
Deputyes to Consider of the petico™ Request in order to hi& 
paym* 

2. The Bill touching a Court of small Causes in the out 
plantacons of Bergen County and Aquickanuc and New Bar- 
badoes was signed by our Governor — 

Adjourned till 2 Clocke afternoone — 

post meridiem — 

3 The Bill for makeing the vpper p^'t of the Raraton River 
a Distinct County from the County of Middx and to bee 
called the County of Soraersett was againe brought here from 
the house of Deputyes w"'out any amendm' signed by the 
speaker — It's Agreed the Governor signe the same for this 
Boards Concurrance — 

A Message from the house of Deputyes Desireing a fFree 
Conferance touching Governor Dougans Letf^ &c w"^^^ wa& 
Consented vnto by this Board — 

The house of Deputyes Comeing here vpon the s'' Confer- 
ance — The Governor ffirst made Inquirey of the house of 



184 NEW JERSEY COLONIAL DOCUMENTS. [1688 

Deputyes what they ment by Taxing all Lauds in this prov- 
ince according to the heads of a Bill sent here from their 
house — wherevpon M"" Richard Hartshorne and sundry others 
of the house of Deputyes Declared that their opinion were 
that all Lands as well the proprieto""" as others w''^ are pur- 
chased from the Indians should be Rated — not w "'standing 
that Clause of the Concessions was Read to them that posi- 
tively says that the proprieto'"s Land before setlm' shall not 
bee subject to any Taxe — The w*'*' was fully argued and the 
Deputyes Retorned to their house to Consider thereof — 

The house of Deputyes Againe Came here vpon the ifree 
Conferance touching the aboves*^ matter and the Deputyes 
againe gave their opinione That all Lands purchased from the 
Indians ought to bee Equally Rated whether proprieto'' or 
planter — vpon w'"' the Governor after a Long and hott Debate 
finding the Resolucon of the Deputyes to bee such as might 
if put in Execucon Destroy one of the Ifundameutall Consti- 
tucons of this province Did assume vpon his Honor to pay in 
behalfe of the Lords proprietor's of this province their Equall 
Taxes for such of them as have p'ticular patteuts for any 
Tract or Tracts of Land vnsettled and purchased of the 
Indians but would not Consent that the same should bee past 
into an Act for the Reasons afores'^ — vpon v^"^ the Deputyes 
was seemingly Contentent and went out to Consider thereof — 
Adjourned till 8 Clocke tomorrow morneing 

Att a Councill held att Amboy Perth in the County of 
Middx the 23*^ day of May anno Dfii 1688 

P'^sent Governor Hamilton 
m'' Sam^^ Winder 
Major John Berry 
Cap' Ric Townely 
Cap' Thomas Codrington 
Cap' Isaac Kingsland 
James Emott 



1688] JOURNAL OF GOVERNOR AND COUNCIL. 185 

A Message from the house of Deputyes brought here by 
m'' John White m'' W™ Haige m'" Ric Berry m"^ Benja Griffith 
<fe al. signifieing that it was the vote of the house of Depu- 
tyes vpon mature Consideraeon, That the proprietor's Land 
w"^ is vnsettled should not bee Rated or Taxed for the Raise- 
ing a supply for his ma"''' service att Albany, and further they 
Desire that there might bee a Comittee of the house of Dep- 
utyes and this Councill ifuediately to meete to setle the Bill 
for Raiseing a supply as afores*' to w'^'' this house agreed — 
wherevpou it was ordered that major John Berry m'' Sam" 
Winder and Cap' Thomas Codrington bee the p^^sons appointed 
from this Board to attend the s'' Coinittee &c. 

The Bill w*^*" formerly was brought here from the house of 
Deputyes touching the Court of Small Causes was againe Read 
over, and after some amendm'' made by this Board, was 
Transcribed over and sent backe to y*^ Deputyes &c — 
Adjourned till 2 Clocke afternoone 

about seven att night major John Berry Cap' Thomas Cod- 
rington and m'" Sam" Winder Retorned from the Coiiiittee 
appointed this morneing to meete touching the Raiseing of a 
supply for his Ma'''^' service &c and made their Reporte that 
the s'^ Coinittee had agreed vpon the method for Raiseing the 
same and had also Drawne vp the s'^ Bill w'*' was here Read — 
Adjourned till 8 Clocke to morrow morneing 

Att a Councill held att Amboy Perth in East New Jersey 
xxiiij"' May 1688 

P^^sent Governor Hamilton 
Major John Berry 
M^- Sam" Winder 

Cap' Thomas Codrington ^ Councill 
Cap' Isaac Kingsland 
Cap' Ric Townely 
M"^ John Johnstone & 
James Emott 



186 NEW JERSEY COLONIAL DOCUMENTS. [1688 

4 'The house of Deputyes brought here the Bill w'^'' yester- 
day by the Comittee was agreed vpon touching the Raiseing 
of a supply for his ma""' service &c for the aftaires of Albany 
w*^^ they had past w"'out any amend m'* — and also signified to 
this Board that it was the vote of the house of Deputyes that 
Governor Hamilton was Released from the p'^misse his Honor 
made for the paym' of any sume or sumes of money for such 
of the proprieto'^s Land as is vnsetled — wherevpon it's Agreed 
and ordered that the s'^ Bill bee past by this Board also w"'out 
any amendm*, and to that end it's ordered that the s** Bill bee 
fairely Ingrosed — w"'' was done accordingly and sent to the 
house of Deputyes by m"^ Winder and Cap' Townly &c — 

5 The Bill touching Courts of Small Causes was againe 
brought here, and after an addition of another Clause the 
same was againe sent backe to the Deputyes by Cap' Isaac 
Kingsland — and was againe brought here signed by the 
Deputyes — 

6 An Act was brought here from the Deputyes by Ric 
Berry for building a pound for the out plantacons of New 
Barbadoes and Aquickanuc w''*' being Read, — the same was 
signed by our Governor and sent backe by Capt Townely and 
nf Sam" Winder — 

Adjourned till 2 Clocke afternoone — 

7 An Act or Bill was brought here from the Deputyes 
touching an Act of Assembly made in the yeare 1683 for pro- 
hibiteing the markeing of Catle by Cropeing of both their 
Eares — w*"'' Bill was here Read and many alteracons made, 
and fairely Transcribed over was againe sent backe and 
agreed vnto by the Deputyes — 

The whole house of Deputyes Came here and gave in to 
this Board all such Acts of this Assembly as were in their 
Custody in order to bee Recorded, to the end that Coppys 
thereof might bee made out by the Secretary and sent vnder 
the seale of the province into Each County for publicacon 



1692] JOURNAL OP GOVERNOR AND COUNCIL. 187 

after w"*" the house of Deputyes Desired an adjournm' vntill 
the Latter end of the yeare — and by Consent of both houses 
the Assembly amicably agreed, to adjourne vntill the Third 
Tuesday in the Month of October next, and both houses ad- 
journed accordingly — 

Att a Councill held att Amboy Perth the lO**" day of June 
1688 

P^'sent Governor Hamilton 
Cap' Townely 
M^ Sam" Winder 
M'^ John Johnstone 
James Emott 

Governor Hamilton produced here a new Comission beare- 
ing date att London the 18"' August last and to him Directed 
signed by Governor Barclay &c and given vnder the scale of 
the province for the office of Deputy Governor for the space 
of two yeares* — w''' being read — It's Agreed and ordered that 
proclamacons bee Issued out to publish the same, and to Con- 
tinue all officers both Military and Civill in their Respective 
offices and places vntill further order <fec — 

Ja Emott Sec 

Att a Councill held at Perth Amboy y*" 28*'' day of Septem- 
ber anno Dom 1692. 

f Coll Andrew Hamilton Governour 

Present > ^^^^^"^ Bowne ^ 

] David Mudie I of y" Councill 
1^ James Dundas J 

Co" Andrew Hamilton produced here a Commission from 
England for Cheife Governour of this province w"*" was read 
here well accepted of & he Recognized by this board Chiefe 
Governour of this province 

The House of Deputyes being [assembled] according to y® 

♦See N. J. Archives, I., 541. 



188 NEW JERSEY COLONIAL DOCUMENTS. [1692 

writts Issued out to y' effect they appeared before this board 
and y"^ Gover"^ haveing made a short Speech to them they were 
desired to withdraw and Choise their Speaker and after some 
short time they Returned and presented Richard Hartshorne 
their speaker who was well accepted of 

Ordered y' Cap' Andrew Bowne one of the members of this 
board do administer the usuall oaths to all y® members of y^ 
house of Deputyes which was done accordingly. 

A message sent y" Deputyes by Cap' Bowne to deliver to 
them a letter from y"^ proprietors in England directed to y* 
Generall assembly of this province. 

Adjourned till 8 a Clocke to morrow morning. 

Att A Councill held at Perth Amboy y^ 29 Sept anno Dom 
i692 

Co" Andrew Hamilton Gover"" 
Andrew Bowne ^ 
David Mudie I 
John Bishop ]- of y*' Councill 

I John Royse j 

1^ James Dundas j 

A Message from y*" house of Deputyes by Six of their 
members desireing to see y® Gover" Commission for Cheife 
Governour of this province w*"'' was delivered to them and in 
a short time they returned & declared y'^ Satisfaction of y^ 
whole house therewith and returned y** thanks of y" house that 
y^ prop'^s had made Choise of a person so well known & ac- 
ceptable to them & y^ whole Country. 

The whole house of Deputyes after perusall of the prop's 
letter to y*" assembly Came before this board & by their 
Speaker gave this board the Thanks of that house for y*" pro- 
prietors Care and kindness for this province. 

Adjourned till 2 a Clocke afternoon — 



Present 



Present ' 



1692] JOURNAL OF GOVERNOR AND COUNCIL. 189 

Post meridiem 

The house of Deputyes desire y* his Ho"" y'^ Gover"" would 
Issue out wi'itts for y'^ Chouseing Representatives for y° 
County of Bergen & y*^ Town of acquicanum w'^'' they find 
wanting — , 

Ordered that this board do resolve into a Comittie to Con- 
sider w* y® house of Deputyes of a method for Confirmeing 
y® Lawes of this province y** further Consideration thereof 
referred till to morrow morning 

Adjourned till 8 a Clocke tomorrow morning. 

Att a Councill held at Perth Amboy 30"" Septr 1692 

'^ Co" Andrew Hamilton Gove^' 

Andrew Bowne ^ 

David Mudie j 

John Bishop J of y'' Councill 

I John E,oyse I 

(^ James Dundas j 

A Message to y*^ house of Deputyes for their Concurrance 
to an address or letter of thanks to be sent to y" prop''s in 
England for their Care of this province. 

A Message from y'' house of Deputyes for a Generall Con- 
ference Concerning y** s** address w"** was granted and being 
meet y'' Gover'' Council & deputyes aggreed upon y'' s'^ address 
& ordered y*^ same to be Engrossed & signed by y" Speaker in 
name of y® house of Deputyes & by y** Secretary in behalfe 
of this board, w""* was doon accordingly. 

Adjourned till 2 a Clocke afternoon 

Postmeridiem 

Thomas Gordon produced here a Commission to be Deputy 
Secretary of this province under m"" Dockwra who was admit- 
ted & Sworne here and Recognized by this board Deputy Sec- 
retary of this province. 

Adjourned till 8 a Clocke to morrow morneing. 



190 NEW JERSEY COLONIAL DOCUMENTS. [1692 

Att a Councill held at Perth Amboy y" first day of October 
1692. 

f Gover"" Hamilton 
I Andrew Bowne "] 
Present { David Mudie '^ ^f ^e Council! 
I John Rovse i 

(^ James Dundas J 

Two bills from y" house of Deputyes for y^ Concurrance of 
this board viz : one for repealing y*' money act for levying a 
tax made in May 1688 & for Confirming all y® laws of this 
province &c, and another for repealing a former act touching 
a femme Covert both past this board. 

Adjourned till 2 a Clocke afternoon. 

A Conference of both houses about y" passing a Certain 
bill but upon a full debate y® bill was set aside. 

Adjourned till 8 a Clock on Moonday morning. 

Att A Councill held at Perth Amboy y^ third of Octr 
Anno Dom i692 

^ Gover'^ Hamilton 

Andrew Bowne ^ 

David Mudie I 
\ John Bishop J> of y* Councill 

I John Royse 
1^ James Dundas 

A Bill for y^ house Deputyes Concer'ing markeing of 
Horses past that house & Desireing y" Concurrance of this 
board was past this board 

Adjourned till 2 Clock afternoon. 

Postmeridiem 

A Message from y" house of Deputyes w'^'' a bill for pro- 
hibiteing selling of Strong drink to y** Indians and a bill for 



Present 



Present J 



1692] JOUKNAL OF GOVERNOR AND COUNCIL. 191 

declareing all Conveyances of lands made by vertue of letters 
of Attorney &c to be good in Law both past this board. 
Adjourned till to morrow morning 8 a Clock 

Att A Councill held at Perth Amboy y' 4"^ of Octr 1692 

^ Gover"" Hamilton 
Andrew Bowne ^ 
David Mudie I 

I 

John Bishop )- of y*^ Councill 

I John Royse I 

1^ James Dundas J 

A Committie of both houses appointed to Confer vpon y^ 
raethode for raiseing a tax for helping to Carry on y*^ warr 
agst y^ french 

A bill past both houses for moderateing y*^ former Act 
Concerning markeing of horses. 

Adjourned till 2 a Clock afternoon. 

Postmeridiem 

A GeneralljConference of both houses about y"^ money Act 
Adjourned till 8 a Clock to morrow morning 

Att A Councill held at perth Amboy 5 Octr 1692. 

'' Gover' Hamilton 

Andrew Bowne ^ 

David Mudie I 
I John Bishop } of y*^ Councill 

John Royse I 

(^ James Dundas j 



Present -^ 
I 

I 



A bill for devideing each County into Townships past both 
houses. 

A bill past both houses for further Encurradgment for y® 
killing of woolves. 



192 



NEW JERSEY COLONIAL DOCUMENTS. 



[1693 



of y" Councill 



A bill past both houses for Regulateing of Ordinaries and 
for raiseing an Excise upon strong drink & Liquors. 

A bill past both houses for setling a standart of weights 
and measures. 

A bill past both houses for raiseing 400"' for their Majesties 
service in Carrieing [on y*^ warr agst y'^ freuch] * 

All y'^ Acts past this Sessions of Assembly being ten in 
number were delivered in to this board & ordered y*" Secretary 
should record & publish y^ same and the y** Gover"" did disolve 
y" assembly & y" assembly was accordingly disolved. 

Att A Councill held at Perth Amboy y" 12"" October anno 

Doin : i693. 

Gover' Hamilton 

Isaac Kingsland 

Andrew Bowne 

Present -! David Mudie 

John Bishop 

James Dundas l 

^ Lewis Morris J 

The House of Deputyes being meet together Came before 
this board & y'' Gover"" did desire them to w"' draw & Choise 
their Speaker & present him to morrow morning & then he 
would lay before them such things as were for y" generall 
good & welfear of y*' province 

Adjourned till 8 a Clock to morrow Morning 

Att A Councill held at Perth Amboy 13 Octr 1693. 

Gover"" Hamilton 

Isaac Kingsland 

Andrew Bowne 

David Mudie 

Sam" Dennes of y'' Councill 

John Bishop 

James Dundas 

Lewis Morris 

*See page 191, ante, and Learning & Spicer, 321. 



Present <[ 



1693] JOURNAL OF GOVERNOR AND COUNCIL. 193 

The House of Deputyes being meet Came before this board 
& presented William Lawrance for their Speaker who was 
received accordingly and then y" Gover'' told them that he had 
Called them together at this time to Consult & advise of sev- 
eral! things w''*' were for y'' Generall good Credit and welfear 
of this province and seeing y" warr agst y" French still Con- 
tinued he desired they would fall upon some proper & good 
method for defence of y*^ Country & for y" assisting y^ warrs 
& Continueing y" Credit of y*" province w'''' they had already 
acquired by assisting ©f our neighbours of New Yorke w"' men 
& money for defence of y" frontiers and because y*^ makeing 
of detachments is found to be very Inconvenient he desired 
they would fall upon some better method for raiseing of men 
& paying them for y" future 

Adjourned till 2 a Clock afternoon. 

Postmeridiem 

Ordered that Isaac Kingsland & Thomas Gon [Gordon] 
Dep' Secretary & Clerk of this board Do take y*" usuall oathes 
of members of y'^ house of Deputyes w''' they did 

Adjourned till 8 a Clock to morrow morning 

Att A Councill held at Perth Amboy 14"' October anno 
Dom: 1693. 

Gover' Hamilton 
Andrew Bowne 
David Mudie 
Present ■{ John Bishop _ ^ 

Sam" Dennes j ^^ ^^ ^«"°^'" 
James Dundas i 
Lewis Morris j 

A Message to y*" house of Deputyes by Thomas Gordon 
Clerk of this board desireing them to fall Spedily upon y^ 
bussinese recomended to them yesterday by y*" Gover"" and to 
Shew them a letter from his Ex'"" Beiij : fletcher Gover'^ of 
New York applauding & giveing thanks in their Maj"'' names 

13 



194 



NEW JERSEY COLONIAL DOCUMENTS. 



[1693 



for y" Loyalty & assistance this province hath given towards 
y" defence of y*" frontiers. 

A Message by John Reid & John Lyon desired this board 
would appoint some of their number to meet a Committie of 
their house to discourse of y'' bussinese in hand this board did 
appoint Andrew Bowne & Sara" Dennes to meet John Bowue 
John White John Lyon & John Pike who meet accordingly 
Adjourned till 8 a Clock on Moonday morning. 

Att A Councill held at Perth Amboy y' 16"' October anno 

Dom: 1693. 

Gover'" Hamilton 

Andrew Bowne 
John Inians 
David Mudie 
John Royse 
Sam'^ Dennes 
James Dundas 



Present 



of y" Councill 



A Message by John White and John Reid desireing a Gen- 
€rall Conference of this board w'^'' was granted presently & 
being meet y*^ Speaker informed this board that y" Country 
was much aggrieved by many ill and unaccountable practices 
don to y^ Inhabitants of this province by y* Collector of 
New-Yorke the Gover'' answered y' he would willingly Joyn 
w"' them to redress y** same any way they thought fitt 
Adjourned till 8 a Clock to morrow morning. 



Att A Councill held at Perth Amboy y-^ 17"' Octr 1693. 

Gover" Hamilton 
Andrew Bowne 
John Inians 
David Mudie 
Present "> Sam" Dennes , of y*" Councill 
John Bishop 
John Royse 
James Dundas 



1693] JOURNAL OF GOVERNOR AND COUNCIL. 195 

A Message by John Bowne & John Drake to Inform this 
board that ye house of Deputyes have agreed to Levy fifteen 
men to be sent to albany for assisting in y** defence of y® 
frontiers & to pay them for one yeare next Ensuing. 

Another Message by John Bowne & John Pike to Informe 
this board that they have aggreed to add five men more w"'' 
makes twentie in all for one year. 

A Message by Thomas Gordon to Informe y" house of Dep- 
utyes that this house desires a Genr" Conference of y** whole 
house presently & being meet y^ Gover'' told them y* they had 
received two Messages one Informing them that y'^ house Dep- 
utyes had agreed to levy 15 men to be sent to y'^ frontiers & 
another that they had five men more w^h seemed very strange 
that they should bargaine as if they were buying or selling a 
horse or a Cow when their own seafty & Credit Lyes at 
stake and therefore he desired that this year they would agree 
to send 30 men w'^'' would tend very much to their Seafty & 
Credit and would also be a leading Case & a good Example 
to y^ neighbourhood and that he would Endeavour y' 25 if 
not 20 men should be accepted of next year. The Governor 
also told them that there was an Express Messenger Come 
for him to go to west Jersey to y* Assembly now sitting at 
Burlington & therefore thought fitt that they would think of 
adjourning for some short time. 

Adjourned to 2 a Clock afternoon. 

Post meridiem 

A Message by Thomas Gordon to acquaint y* house of Dep- 
utyes that this board did desire they would Conclude upon 
what y'^ Gover" had recomended to them that he might be 
Enabled to Improve to y^ best advantage in west Jersey where 
he was now going And also y' he might writt to y*^ Gover'' of 
New-Yorke who is now at Connectecute y' he may Improve 
to y" best advantage as a leading Case there & also to desire 
them to Informe this board what time they desired to ad- 
journ to. 



196 NEW JERSEY COLONIAL DOCUMENTS. [1693 

A Message from y® house of Deputy es by John Reid and 
Thomas Richards to Inform this board that they Incline to 
adjourne to y^ 14'^ November next & in y^ mean time to In- 
forme & advise w**" their Neighbours if they Can give 30 men 
to be sent to ye frontiers as is proposed. 

The Gover'^ did Informe this board that being necessitate 
to go to burlington to y^ assembly now sitting there who have 
sent for him & not being resolved to stay above 3 or 4 dayes 
upon Second thoughts he did not think fitt to adjourn y® 
assembly but that a Chairman might be appointed in his 
absence and y* Members of this board did recomend it to his 
Ho" to appoint whom he thought fitt Whereupon y* Cover'' 
did name Cap* Andrew Bowne to be Chairman dureing his 
absence w"'' all y* members of this board did well approve of. 

A Message by Cap' John Bishop to Informe y° house of 
Deputyes that this board desired a Generall Conference w"* 
them presently & being meet y® Gover"^ did Informe them that 
upon Second thoughts w"' advise of y*" Councill he thought 
fitt not adjourn because it would be a great truble & Charge 
to y® Country to meet again and therefore w"" y'^ advice & 
approbation of y* Councill he had appointed Cap' Andrew 
Bowne to be Chairman dureing his absence w*^*" should be very 
Short & in y® mean time they might be prepareing bills &c 
till his returne and that he had now resolved w"' advice of y* 
Councill to accept of 25 men w'*" was y*^ lest w''' is y* least that 
they Can w"' Credit olfer or he accept of. 

A Message by John Reid Sam" Denues & Thomas Richards 
pressing this board for an adjournment at least for tenn dayes. 

A Message by Thomas Gordon to Inform y^ house of Dep- 
utyes that they desired they would appoint 4 of their house 
to meet 3 from this board to debate y* reasons why they 
pressed for an adjournment this board made Choice of Capt 
Andrew Bowne John Royse & Sam" Dennes to meet Richard 
Hartshorn Sam" Dennes John Lyon & Daniel Dod of y*" house 
of deputies and after a full debate y** Comittie aggreed to 
Adjourn for 10 days and accordingly did 



1693] JOURNAL OF GOVERNOR AND COUNCIL. 197 

Adjourn till Thoursday y' 26 Instant Octr at 9 a Clock in 
y* morning. 

Att A Councill held at Perth Amboy y' 26''' Octr 1693. 

f Gover"' Hamilton 
I Andrew Bowne ^ 
Present ■{ John Inians i 

j Sam'' Dennis j' ^^ y" Councill 

(^ James Dundas j 

The House of Deputyes Not being fully meet 

Adjourned till 8 a Clocke to Morrow Morning 

Att a Councill held at Perth Amboy 27*'' Octr 1693. 

Gover"" Hamilton 
Andrew Bowne "^ 

Present J '^°^'' ^°'^°^ ! 

1 Sam" Dennes • )> of y" Councill 

I John Bishop j 

(^ James Dundas J 

A Message by Sam" Dennes & James Dundas to y" house 
of Deputyes to Informe them that this house desires they 
would finish y" bill of supply for defence of y*^ frontiers w"' 
all Expedition for two reasons first y' notice may be sent to y" 
proprietors in England that they may Improve our Loyalty 
to our advantage there & also that Notice may be sent to y* 
Gover"^ of New-Yorke Now at Connecticute that he may 
Improve it to our Credit there & y*' forwarding their Maj"'" 
Interest there & elsewhere w*''in their Maj"'' plantations. 
Adjourned to 2 a Clock afternoon. 

Post meridiem 

A Message by John Reid John Pike & Sam" Dennes y' a 
bill Concerning y' Courts of Small Causes past that house 
desireing y" Concurrance of this board. 



198 NEW JERSEY COLONIAL, DOCUMENTS. [1693 

A Message by Sam" Denues & James Dundas to y*" house 
of Deputyes proposing some Amendments of y^ s^ bill Con- 
cerneing y" Courts of Small Causes and desireing an answer 
of y*" Message sent them in y® morning Concerning y' Bill of 
Supply &c. 

A Message By John White & John Drake w'^ y^ s"* bill 
Concerning y*^ Court of Small Causes amended & a bill for y® 
repealing of an act formerly made for regulateing of ordi- 
naries & raiseing an Excise upon Strong liquors both past 
that hous for y*" Concurrance of this board. 

A Message by Sam" Dennes & James Dundas desireing a 
generall Conference of y* house of Deputyes presently about 
y* bill of Supply &c Seeing they had returned no answer to 
y* two last messages and being meet y*^ Gover"" did press y'' dis- 
patch of y" bill for Supply &c for y'^ reasons afores'^. The 
Speaker did answer that they had Considered y* bussinese & 
y' they thought they had made a great offer & that Consider- 
ing their own poverty 20 men is a great matter & at their own 
Charge is as much as they 'Can well do & as farr as they Can 
well go. 

Att A Committie of two of this board viz : Andrew Bowne 
& Sam" Dennes & four of y^ house of Deputyes to witt John 
Pike John Lyon John Drake & John Fitzrandolph appointed 
to debate y** reasons of repealing y'^ act Concerning regulate- 
ing of ordinaries upon full debate it was found that bill had 
proceeded upon a mistake & therefore was set aside 

Adjourned till to morrow morning 8 a Clock 

Att A Councill held at perth Amboy 28 Octr i693. 

f Gover*" Hamilton 

Andrew Bowne ^ 
. John Inians I 

. David Mudie J of y^ Councill 

Sam" Dennes I 
i^ James Dundas J 



1693] JOURNAL OF GOVERNOR AND COUNCIL. 199 

A message by Richard Hartshorn John Pike Sam" Dennes 
& John Reid w"" y^ bill Concerning y" Court of small Causes 
amended & past that house w*"'' was read here & past this 
board and they did also Inform this board that their house 
had fully debated and Considered y'' bill of Supply &c and 
y*^ poverty of y*" Country in Generall & of every County & 
town in particulare & found 20 men on their own Charge y" 
uttermost that they Could go. 

A Message by Thomas Gordon desireing a Generall Con- 
ference of y** house of Deputyes presently to Show some solid 
reasons why they Can do no more &g w'"" they desired time to 
Consider upon & give their Answers 

Adjourned to 2 a Clock afternoon. 

Postmeridiem 

Both houses being meet at y*" Generall Conference M"" 
Speaker did still Insist upon y'' poverty of y" Country and 
[after] long and much debate y'' Gover"^ & Councill aggreed to 
y*" levying of 20 men to be sent to albany to Joyn in y" Conlmon 
defence of y** frontiers & to be maintained for one whole year 
from and after y'^ first of may next. 

Adjourned till 8 a Clock on Moonday Morning. 

Att A Councill held at Perth Amboy 30"^ octr 1693 

Gover"" Hamilton 

Andrew Bowne ^ 

David Mudie j 
; John Bishop ]■ of y*" Councill 

I John Royse 
(^ James Dundas j 

A Message from y*' house of Deputyes w"" two bills past y** 
house one Intitled a bill for setling a School & School Master 
in every town in & throughout y" province the other a bill 
for regulation of ordinaries. 

A Message by' Thomas Gordon w"" two bills past this board 



"200 NEW JERSEY COLONIAL DOCUMENTS. [1693 

to y" house of Deputyes for their Concurrance the one a bill 
for regulateing y" proceedings of y" Court of Common Right 
the other a bill for Establishing a Court of Oyer & terminer 
also w"" y'' bill Concerning y*" Court of Small Causes past 
this board and also desireing they would appoint a Comittie 
to debate w"" some of y*" members of this board about y^ bill 
Concerning School Masters & y* about ordinaries Andrew 
Bowne & David Mudie were named by this board to meet 
John Reid John Pike John Lyon & John Drake. 
Adjourned to 2 a Clock afternoon. 

Postmeridiem 

A Message by John Barclay Thomas Fitzrandolph & Elias 
Michielson w"' a bill past that house for divideing each County 
into Townships & desireing this board would appoint some of 
their number to meet Six of that house to debate upon y" bill 
for y* Court of Common Right & y** bill for a Court of Oyer 
<fe Terminer Andrew Bowne John Bishop & James Dundas 
were* appointed by this board to meet John Reid Sam'^ Den- 
nes Henry Norris John Lyon Thomas Cooke & John Drake 
of y*" house of Deputyes to" Conferr as afores*^. 

A Message by Thomas Gordon to y" house of Deputyes w"' 
3 bills past this board viz : one Concerning selling strong 
drink to y'' Indians one for establishing School masters w'^in 
this province & one for regulate of Lycences for publick 
houses & marriages & take off y" Excise &c. 

Adjourned till 8 a Clock to morrow morning. 

Att A Councill held at Perth Amboy 3i Octr 1693. 

Gover" Hamilton 

Andrew Bowne ^ 
. David Mudie j 
I Sam" Dennes } of ye Councill 
I John Bishop 
i^ John Royse J 



1693] JOURNAL OF GOVERNOR AND COUNCIL. 201 

A Message by Thomas Gordon to y® house of Deputyes 
iv"" y" bill for deviding each County into townships past this 
board 

Adjourned to 2 a Clock afternoon. 

Postmeridiem 

A Message by John Reid & Sam" Dennes w"' 2 bills past 
y* house viz : a bill for regulateing of marriages & another 
for takeing oif y® Excise & Impowering y® Gover'^ to grant 
lycences to ordinary keepers & y*" Bill sent yesterday returned 
<&; by this [board] devided into two. 

Adjourned till 8 a Clock to morrow morning. 

Att A Councill held at Perth amboy 1'' Nover-^ i693. 

Gover" Hamilton 
Andrew Bowne ^ 
-p . John Inians I 

' David Mudie )■ of y'' Councill 

John Royse j 

^ James Dundas J 

A Message by Thomas Gordon to y® house of Deputyes w*'' 
a letter from y*^ proprietors in England giveing Our Gover"^ 
<fe y^ assembly thanks for their prudent Care & Conduct in y^ 
management of y** Goverment of y*^ province &c* and a bill 
Concerning y® Militia past this board. 

Adjourned to 2 Clock afternoon. 

Postmeridiem 

A Message by John Drake w"' a bill past y' house for 
aughmenting y^ Deputyes fees & fyning y® absents w'^'' being 
read here was returned again by Andrew Bowne & James 
Dundas & to acquaint y' house that seeing they pleaded so 
much poverty this board thought y*" Salary allready allowed 

*See N. J. Archives, II., 101. 



202 NEW JERSEY COLONIAL DOCUMENTS. [1693 

enuflf and that they should rather Consider y'' Gentlemen of 
y*^ Gove" Counciil who as yet had nothing allowed to them. 
Adjourned till 8 a Clock to morrow morning 



Att A Counciil held at Perth Amboy 2 Nover^ 1693. 

Gover'" Hamilton 

Andrew Bowne ^ 

John Inians | 

i Sam" Dennes J> of y® Counciil 
I John Bishop | 

l^ John Royse J 



Present 



A Message by John White & John Lyon w"' a letter signed 
by y'^ Speaker by order of that house directed to y" propri- 
etors in England giveing them thanks for tJieir Care over y*" 
province & Complaining of y'' hardships put upon y*^ Inhab- 
itants of this province by y" Collector of New-Yorke & In- 
treating their assistance for redress of y*^ same &c and also a 
bill Conserning John Pike efe his father past y' house The 
letter to y^ prop'^rs being read here Ordered y' y'^ same be 
signed by Thomas Gordon Dep' Secretary & Gierke of this 
board w"'' was don 

A Message by Thomas Gordon Clerk of this board to y* 
house of Deputyes to Informe them y' y° bill for Regulateing 
of marriages & the bill for Impowering y" Gover"^ to grant 
Licenses to ordinarie keepers & for takeing off y*^ Excise are 
past this board 

Adjourned to 2 a Clock afternoon. 

Post merediem 

A Message by John Reid & John Lyon w* a bill for Im- 
powering Each County in and throughout y*" province to make 
rates to defray their debts past y'' house 

A Message by Thomas Gordon to y*^ house of Deputyes to 
know what bills sent them from this board are past y' house 



1693] JOURNAL OF GOVERNOR AND COUNCIL. 203 

who returned answere y' y'' bill about Schoolmasters y" bill 
about Selling strong drink to y^ Indians & y*" bill about y'^ 
Militia are all past that house & returned y'' bill about y' Court 
of Common Right & y*= bill about y® Court of Oyer & ter- 
miner unpast. 

A Message by John White & John Reid w"' a p'per signed 
by y" Speaker by order of y' house recomending y*" putting in 
practise y^ former law about weights & measures & w"' them 
was returned y^ bill Conserning John Pike Elder deceased ct 
John Pike because this board did esteem any former disgrace 
&c sufficiently taken of [off] by his being admitted a member 
of y' house. 

A Message by John White John Reid Sam" Dennes & John 
Drake w*** y" bill for Raiseing souldiers for y'' seafty of this 
province & money for maintaining y*" same past that house 
desireing y'^ Concurrance of this board to y*^ s'' bill and also 
a Committie to be appointed to Conferr upon y® bill about 
John Pike &c. Ordered that Andrew Bowne John Royse & 
David Mudie do Conferr w"' John Reid John Pike John Lyon 
& Sam" Dennes of y" house of Deputyes upon y'' s'^ bill Con- 
cerning John Pike &c. ' 

A Message by Thomas Gordon to y*^ house of Deputyes 
Desireing a Conference of y' whole house to discourse about 
y*^ bill for raising men & money &c, for makeing some amend- 
ments of y*^ same & to acquaint them y' y® bill y' Impowered 
y'' County Courts to make rates &o was past this board. 
Adjourned till 8 a Clock to Morrow Morning 

Att A Councill held at Perth Amboy 3^ Nover'^ 1693. 

f Governour Hamilton 

' Andrew Bowne "| 

1 John Inians Vof y^ Councill 

l^ John Royse J 

The Bill for raiseing men & mo'e &c, w'^ the amendm'^^ 
past this board & sent to y'^ house of Deputyes & past y' house. 



204 NEW JERSEY COLONIAL DOCUMENTS. [1694 

A message to y* house of Deputyes by Thomas Gordon de- 

sireing all y^ principall bills past both houses to be sent here 

& desireing all y*^ members of y' house to attend y^ Gover*^ & 

Councill presently w'^'' they did &c. Ordered that all y" bill 

past both houses being nine in number* be recorded by y* 

Dep' Secr'y in y^ publick records of this province & Copies 

sent to y" severall Countyes and then y*" Gover'' did dissolve 

y" Assembly. 

Thomas Gordon D Secr'y & Reg'^ 

Att A Councill held at Perth Amboy in y^ County of 
Midlsex y* Second Day of October anno Dom : i694. 

Co" Andrew Hamilton Gover"" 

Andrew Bowne ^ 
Present -{ David Mudie 

j Sam" Dennes \ ^^ f C«"°^^" 
(^ James Dundas J 

The Major part of y* Deputyes being meet Came before 
this board The Gover'^ did desire them to withdraw & Choise 
their Speaker & then he acquaint them w"" such things as he 
Judged would tend to y^ Generall good welfear & Credit of 
y" province 

The House of Deputyes Came before this board and pre- 
sented John Harriman for Their Speaker who was accepted 
& Received accordingly and then y" Gover'" told them y' he 
had Called them together at this time to rectifie what is now 
found by experience to be formerly amiss and to Consult & 
advise what may be further needfull for y' Common good 
wealfear <fe seafty of y'' province and as on y'^ one part he is 
persuaded y^ Gover"^ & Councill will Deny nothing that may 
Contribute to that End So on y" other side he desires that 
they would lay aside all factions & animosities & Joyn Cor- 
dially in what may be for y" Generall good & Common de- 
fence of this & y* rest of their Maj"''' Colonyes. 

Adjourned till 8 a Clock to morrow morning. 

* Learning and Spicer, 326-339. 



1694] JOURNAL OF GOVERNOR AND COUNCIL. 205 

Att A Councill held at Perth Amboy 3*^ October anno Dom : 
i694. 

f Gover'' Hamilton 
I Andrew Bowne ^ 
Present ^ David Mudie •' 

j Sam^i Dennes f ^^ ^ Councill 
(^ James Dundas j 

Adjourned till 8 a Clocke to morrow morning. 



Att A Councill held at Perth Amboy y" 4* of October 1694. 

Gover" Hamilton 

Andrew Bowne ~) 

David Mudie j 
, Sam^^ Dennes )■ of ye Councill 

James Dundas I 
l^ Lewis Morris j 

A Message by Elias Micheilson* Edward Earle John Pike 
& Thomas Fitzrandolph w'^ a bill Concerning Negroes past 
that house desireing y" Concurrance of this board. 

A Message by Sam^^ Dennes desireing y'' house of Deputyes 
to appoint some of their number to meet some of y*^ mem- 
bers of this board to debate Concerning some amendmt^ to be 
made of y*^ bill Concerning Negroes &c. 

A Message by John Reid Richard Hartshorn Sam" Leon- 
ard & Jasper Craine desireing a free Conference of Their whole 
house w**" this board w"^ was granted presently & being meet 
M"^ Speaker did offer that they had some debate in their 
House Concerning y*^ trade of this province it's lying under 
severall very bad Circumstances at present & therefore desired 
y* Concurrance of This board to advise & to assist how & w"^ 
way to Remove y'^ Same. 

Adjourned till 8 a Clock to morrow morning 

* Elias Michielseu, one of the fourteen patentees of Acquackanonk (now embrac- 
ing most of Paterson and Passaic), was a son of Michiel Jansen. His sons assumed 
the surname Vreeland. In Learning and Spicer tlie name is printed M'Kilson ! 



Present 



206 NEW JERSEY COLONIAL DOCUMENTS. [1694 

Alt A Councill held at Perth Amboy y' 5"" October i694. 

Gover"" Hamilton 

Andrew Bowne ^ 

David Mudie I 
^, Sam" Dennes )■ of y® Councill 
I James Dundas l 
l^ Lewis Morris j 

A Message by Richard Hartshorne William Lawrence & 
Josias Wood Desireing this board would order y® Secretary 
to lett their House have y*" peruseall of y" booke of Records 
Containing Commissions &c w"^ was granted by this board 

And also w*** them was sent a letter from The Committie of 
y*^ Kings Councill in England for trade &c Directed to y* 
Gover"" of y'' Jerseyes Concerning y"" Regulateing y*' Trade of 
this province according to y*^ act of Navigation &c to be 
perused by y'^ members of y'' house of Deputyes. 

A Message by Edward Earle & Job Throckmorton to this 
board from y" house of Deputyes w"' y*' act Concerning 
negroes amended &c & past that house. 

A Petition from James Armour Complaining y' y" Con- 
stable of Perth Amboy by a warrant from Two Justices of 
y® peace had Dispossessed him of some hay &c which being 
read this board told him that they had Considered his petition 
but Could do nothing in it and that if he found himself any 
way aggrieved he might seek for redress & remidie at y* 
Common Law in a Regulare & Legall way. 

A Message by Thomas Higgens Tho : Fitzrandolph Will" 
Laing & Will" Ridfoord desireing this board would appoint 
Some of their number to meet w''' a Committie of 8 of Their 
House to Conferr Conserning y'^ Encurradgeing & Increasse- 
ing y'' Trade of this province &c. 

Ordered that Andrew Bowne Sam" Dennes James Dundas 
& Lewis Morris be a Committie of this board to meet Richard 
Hartshorne Thomas Codrington John Reid Sam" Leonard 
Jonas Wood John Pike, azariah Crain & Will" Lawrence to 



1694] JOURNAL OF GOVERNOR AND COUNCIL. 207 

Conferr Conserning y® Encurradging & Increassing y^ Trade 
of this province &g. 

A Message by Sam" Dennes & Lewis Morris desireing a 
Genr" Conference of y' house presently Conserning ye Eu- 
curradeing & Encreassing y" trade of this province &c, and 
being meet the Gover'^ told them That he understood y** Com- 
mittie had Concluded upon three things to witt first y*^ setleing 
of Perth Amboy for a port &c, Secondly The Prohibiteing 
y^ Exportation of pipe staves &q both w''"' was very good but 
for y" third y" prohibiteing y" Exportation of firewood &c he 
thought it were better to let it alone at this time &c. 
Adjourned till 8 a Clock to morrow morning, 

Att A Councill held at Perth Amboy 6"^ October 1694. 

f Cover'' Hamilton 
I Andrew Bowne ^ 
Present ■{ David Mudie [ 

Lewis Morris ( ^^ >" Councill 

James Dundas J 

The Cover'' did propose to this board that seeing y" propri- 
etors of this province have been this 14 years at y" Charge to 
maintain & Support y'' Govern"* to their Expense that now 
at length some way may be taken by y^ Country to raise a 
found for Supporting y" Goverment for y** future being in vain 
to talk of trade unless y*" Goverm' be first maintained Sup- 
ported & Secured. Andrew Bowne & James Dundas were 
appointed by this board to propose to y" house of Deputyes 
to frame a bill to this effect. 

A Message by Richard Hartshorn & Thomas Codrington 
desireing this board Would please send y*" peruseall of y'^ let- 
ters directed to our Cover'' from y' Committie of Trade & 
plantations in England & y" other from M"^ Powie w''*' was 
doon accordingly. 

A bill for takeing y* attainder off from John Pike Elder 



208 NEW JERSEY COLONIAL DOCUMENTS. [1694 

& Jo : Pike his Son & their posteritie past y' house of Dep- 
uties was read here and past this board * 

A Bill Conserning Negroes w**" y*" amendments past y*" house 
of Deputyes was read here & past this board. 

Being proposed here y' y' Court of Common Right being 
to Sitt on tuesday next y'' ninth of this Instant month of 
October it will be fitt to adjourn till after y' Court be over 
and accordingly 

Adjourned till fridday y^ 12"^ Instant at 8 a Clock in y^ 
Morning 

Att A Councill held at Perth-amboy y" 12"^ of October 1694 

Gover"" Hamilton 

Isaac Kingsland 

, Andrew Bowne 
Present ■{ -^^^.^ ^^^.^^ \ ^^ Councill 

John Bishop j 

l^ James Dundas J 

A Bill prohibiting y* Exportation of pipe staves boards 
Shingles firewood & all kind of wood &c past y' house of 
Deputyes was read here. 

A bill appointing all wessells, Ships, boats &c to Enter & 
Clear at Perth Amboy past y' house of Deputyes was read here. 

A bill prohibiting all Justices Sheriifs Clerks of Courts &c 
to plead as attorneys in Any Court w"'in y' province past y' 
house of Deputyes was read here 

Adjourned till 8 a Clock to morrow morning 

Att A Councill held at Perth Amboy 13"" octr anno Dom : 

1694 

f Gover'" Hamilton 

I Isaac Kingsland ^ 

Present ^ Andrew Bowne i 

I David Mudie f ^f r Councill 

l^ James Dundas j 

*See Whitehead's Perth Amboy, 360-3 ; Learning and Spicer, 339, 375. 



1694] JOURNAL OF GOVERNOR AND COUNCIL. 209 

A Message by David Mudie to y*" house of Deputyes to 
desire a Generall Conference presently Concerning y ' three 
above s*^ bills last sent from y*^ house & read here and being 
meet the Cover"" proposed severall necessary amendments to 
be made in y'^ s** bills. 

Adjourned till 8 a Clock on Moonday Morning. 

Att A Councill held at Perth Amboy 15*'" Octr 1694. 

f Cover"" Hamilton 
I Isaac Kingsland ^ 
Present ^ Andrew Bowne ! 

David Mudie f °^ ^^ Councill 

James Dundas J 

A Message by Thomas Codrington and Sam" Leonard w"" 
a bill Concerning Town meetings past that house and another 
bill Concerning patents &c past that house both w'^'" bills was 
read here 

A Message by Thomas Codrington Sam" Leonard Will" 
Lawrence and azariah Craine, w"' a bill Concerning County 
Courts past that house and w"' y" bill prohibiteing pipestaves 
&c amended, both w'*" were read here. 

Adjourned till 8 a Clock to morrow morning 

Att A Councill held at Perth- Amboy 16 octr 1694. 

^ Cover" Hamilton 
Isaac Kingsland ^ 
Present •( Andrew Bowne '[ 

j David Mudie ( ^^ ^^ Councill 
l^ James Dundas J 

A Message by Isaac Kingsland to y' house of Deputyes, 
w''' y'' Lumber bill w"' further amendments. The Bill Con- 
cerning Attorneys amended and y'^ bill Concerning Trade 
amended and A bill Concerning y' Court of Common Right 
past this board and also desireing a generall Conference upon 

14 



210 NEW JERSEY COLONIAL DOCUMENTS. [1694 

y* bill Concerning town meetings y* bill Concerning patents 
y" bill Concerning County Courts and being meet y^ Gover"^ 
desired them to take Care to bring in y* bill for the publick 
Subsidie and also for Reimburseing himself what money he 
had layd out of his own estate upon accompt of y^ publick an 
particular accp"^ of w'''' he had sent them, and then he Showed 
them Exceeding great Inconveniency of y*^ 3 above s'^ bills — 
viz First y" bill about town meetings haveing unlimited 
power &c. what dangers might follow thereupon but if they 
name & Express particularly what powers & authorities the 
towns do want for y*" beuefite of y" Country he was ready to 
grant them, as to y" 2*^ y^ bill Concerning patents it was a 
thing Could not be don by act of Generall assembly w"*" Can 
make nothing Contrary to y'' Laws of England w*"*" this bill 
seems to Import by Converting y^ word (or) assigns w'^'' makes 
an estate only for life into y*" word (and) assigns w'^'' is an estate 
of Inheritance or freehold and therefore Cannot be don By 
any assembly ; <fe as to y^ 3** y^ bill about County Courts it 
seems to Erect the County Courts into so many Courts of 
Chancery & to occasion a great delay being only two of them 
in a year, & therefore also very Inconvenient. 

A Message by John Pike Will"" Lawrence & William Rid- 
ford w"" a bill Concerning ministers past that house. 

A Message by Thomas Fitzrandolph & Job Throckmorton 
w*** bill Concerning trade w"" further amendments past that 
house w"*" being read here was also past this board. 

A petition by Isaac Lancer for liberty to Erect an oyl mill 
& to prohibite all others y* Space of i7 years being read here 
& being directed to y° Generall assembly was sent to ye house 
of Deputyes. 

A petition by Johannes Van Imberg & others for a high 
way upon new Barbadoes Neck for goeing to A Religious 
meeting &c. being read here & directed to y® Genr^^ assembly 
was sent to y^ house of Deputyes. 

A Message by Thomas Fitzrandolph Job Throckmorton & 
azariah Crain w**" y^ bill Concerning Lumber w* further 
amendments &c past that house. 



1694] JOURNAL OF GOVERNOR AND COUNCIL. 211 

A Message by azariah Craine Will"" Laing & David Har- 
riot w"* y" bill Concerning County Courts amended & past 
that house. 

A Message by John Harriman Speaker Thomas Codring- 
ton and Richard Hartshorn desireing his Hon"^ y® Governour 
would please to be more Carefull & warie to appoint honest & 
substantiall men in Each County for Sheriffs upon -^"^ much 
of y* welfear of y" Country did depend for Chooseing Jurys 
&G vf"^ y^ Gover' told them he had doon to y^ best of knowl- 
edge & Information & would Continue so to do &c. 
Adjourned till 8 a Clock to morrow morning. 

Att A Councill held at Perth Amboy 17 Octr 1694. 

Gover' Hamilton 
Isaac Kingsland ^ 
Present ■{ Andrew Bowne ! 

David Mudie f ^^ 7^ Councill 
James Dundas j 

A Message by Richard Hartshorn azariah Craine & Edward 
Earle Junior w''' 3 bills past that house viz. a bill Concerning 
attorneys a bill about y' Court of Common Right & a bill 
Concerning Indictments & y* Kings Attorny. 

A Message from this board by Andrew Bowne & James 
Dundas w*"" y* bill Conserning attorneys past this board and 
y* bill Conserning lumber &c y® bill about ministers & y* bill 
about y* County Courts amended. 

A Message by Richard Hartshorn Thomas Codrington & 
Sam^ Leonard w''' y^ Lumber bill & y' bill about County 
Courts. 

A Message by Isaac Kingsland w"* y* bill Concerning 
County Courts & y' bill Concerning y^ Court of Common 
Right & y" bill Concerning appointing the Kings attorney in 
y' County Courts w'** amendments 

Adjourned till 8 a Clock to morrow Morning 



212 NEW JERSEY COLONIAL DOCUMENTS. [1694 

Att A Councill held at Perth- Amboy 18 Octr 1694 

f Gover'' Hamilton 
I Isaac Kiugsland ^ 
Present <J Andrew Bowne | 

I David Mudie f ^^ y' C^'^""!- 
i^ James Dundas J 

A Message by Thomas Gordon to y'' house of Deputyes w"" 
y^ bill prohibiteing Lumber &c past this board & y" bill Con- 
cerning Inditments & Kings attorney past this board. 

A Message by Thomas Codrington Richard Hartshorn 
Sam" Leonard Edward Earle Junior Job Throckmorton & 
Thomas Higgins w*'' y^ bill about y" Court of Common 
Right w"" amendments w'^'' being read here was also past this 
board 

Adjourned till 8 a Clock to morrow Morning. 

Att A Councill held at Perth-Amboy 1 9*^ Octr anno Doin : 

1694 

f Gover'' Hamilton 

j Andrew Bowne "| 
Present j j^^^j^ y^^^^^ I ^f ^e Councill 

1^ James Dundas J 

A Message by Richard Hartshorn Will"" Lawrance and 
Thomas Higgens w**" y'^ bill Concerning County Courts fur- 
ther amended past y' house a bill Concerning town meetings 
&c a bill Concerning y^ militia, a bill Concerning Sheep all 
past that house & desireing a generall Conference upon y^ 
money bill & y*^ Gover'^ acc'p* of disbursements, y*^ bill Con- 
cerning Sheep was read here & past this board, & y*^ bill 
Concerning y*^ militia was read & amended & past this board 
& sent to y*" house of Deputys 

Att y* Conference of both houses upon Consideration of y^ 
Gover" acc'p*^ of 160"' dispensed by him upon acc'p' of y*^ pub- 
lick y^ house of Deputyes seemed to allow of non of y^ articles 



1694] JOUENAL OF GOVERNOR AND COUNCIL. 213 

save only y'' first of 21"' &c & as to y" subsidie for support 
of y^ warrs & defence of y" frontiers it is y*^ sense of y^ whole 
house of Deputyes y*^ seeing y" Supply last given doth Con- 
tinue till May next it's time enuiF between [now] & y^ time to 
Consider of it 

A Message by andrew Bown & James Dundas to y*' house 
of Deputyes to desire their possitive answer if they do Intend 
to raise any supply for y*^ Common and publick defence or 
not & if they will re-Imburse y* Gover"" of what he hath dis- 
bursed upon acc'p*^ of y^ publick or not & to send their answer 
before they adjurne. 

A Message by Thomas Gordon to acquaint y" house of 
Deputyes y' y^ Gover"" & Councill expected y*" answer of y® 
Last message 

A Message by Richard Hartshorn & Thomas Fitzrandolph 
w"' y*" house of Deputyes answer to y" last message w*''' was in 
writting to this effect that there is Sufficient money raised till 
may next & then they will Consult what they Judge needfull 
to be done if Called thereto and that they allow 67^'= i^ OQi'^ 
of y* Cover's acc'p*^ of disbursment upon acc'p' y^ publick. 

A Message by Thomas Gordon desireing a Generall Con- 
ference of y'' house of Deputyes presently & being meet The 
Govr"" told them that by his Information on their behalf y^ 
proprietors in England had Supported and maintained y* 
Goverment untill now and therefore he desires their positive 
answer whither they will for y'' future Support & maintain 
y^ Goverment or not & what they will allow & what fund 
they will propose for that end. 

A Message by Thomas Codrington Edward Earl Jun'r & 
azariah Craine w*"" an answer to y*" Cover's proposall to Witt 
That they were Subjects of y" Crown of England & must be 
subject to what Governour Their maj""' were pleased to set 
over them Whither y* prop'rs or others. The Cover"" told 
them that that was no answer to y" question proposed w"** was 
whither they would raise a fund for y'' Support of y*" Gover- 
ment or not 

A Message by Thomas Gordon to y'' house of Deputyes in 



214 NEW JERSEY COLONIAL DOCUMENTS. [1694 

writting as followeth viz : A Message from y^ Gover' & Coun- 
cill to y*" house of Deputyes to have their answer if they will 
Support y^ Charge of y^ Goverment & to releive y® prop'rs 
of y*" vast Charge they have been at hitherto in y® Support of 
it that they aggree on y® yearly sume & a Certain method of 
levieing it y^ answer is desired in writting Octr i9 i694 by 
Consent of y* Councill And : Hamilton. 

A Message by Richard Hartshorn Will" Lawrence Edward 
Earle & John Pike who [had] a long discourse about y* aboves** 
message telling y^ Gover"" that he had promised them to delay 
their Supporting of y^ Goverm* so long as y^ frontiers were 
helped to be Supported by them w'*" y^ Gover"^ did acknowl- 
edge & is still willing to do so but being they do now reject it 
or delay it w*"'' in effect is y* same thing it is now but just and 
reasonable that there be a fund & Support raised for y' main- 
tainance of y'' Goverment for y^ future &c. 

A Message by James Dundas & Thomas Gordon requireing 
y* Speaker and y^ whole house to attend y^ Gover"" & Councill 
presently The Speaker answered that their house was ad- 
journed till Moonday morning. 

Adjourned till 8 a Clock Moonday morning 

Att a Councill held at Perth- Amboy y^ 2P' octr anno Dom : 
1694. 

f Gover"^ Hamilton 
I Andrew Bowne ^ 
Present { David Mudie i 

I Sam" Dennes { ^^ y" Councill 
(^ James Dundas j 

A Message by Thomas Gordon desireing y* Speaker & y^ 
whol house to attend y" Gover"" & Councill on a Generall 
Conference w*'' in an hour & to bring w'*" them all y*" bills 
already past & all y' were at present under their Consideration, 
and being meet m'" Speaker proposed that a petition was given 
In to their house by James armour & after long debate y® 
Subject matter of the petition not being Cognossible by an 



1694] JOURNAL OF GOVERNOR AND COUNCIL. 215 

assembly y"^ petitioner was left to take his remedie as y* Law 
directs A bill was presented Concerning highwayes returned 
w* amendments &c. a bill appointing officers for executeing 
y^ lumber Bill &c. 

A Message from y** house of Deputyes proposeing to raise 
y^ Sume of 30'^' to prosecute y^ Co^''' of New Yorke for y* 
abusses put upon y" Inhabitants of this province in y'' free 
use of ports &c. 

A Message by Andrew Bowne & Sam^^ Dennes proposeing 
to accept of y*^ s*^ 30"* for y® end proposed provideing they 
would lay down Some methode for prosecuteing y* appeal at 
home w'^'' must need follow upon y® Suite w'''' ever party were 
Cast for so long as they were out of their dutie to the Crown 
in not Joyning in y® Common defence of y*" frontiers nor yet 
Support y* Charge of y* Goverment y* Gover' was robt of 
any arguments w"'' he could use w"' y* prop'rs in England to 
appear upon y^ appeal or in their behalf anyway at home. 

A Message by Richard Hartshorn Sam" Leonard Edward 
Earle & Will"" Laing w*"" y^ bill Concerning County Courts 
further amended past that house and y* bill Concerning high 
wayes past y"* house & a bill for County Treasurers past y' 
house and y* bill for raiseing 79"' 12' 9*^ for repaying y'' Gover" 
his publick disbursements 

A Bill Concerning County Courts further amended & a 
bill about high wayes were both read here and past this board 

A Bill Concerning y*" militia amended & A bill about Trea- 
surer amended & a bill for executeing y" lumber bill amended 
& y' Bill for repaying y'= Gover"^ 79"^ 12^ 9'' of publick dis- 
bursments were all read here and past this board and Sent to 
y® house of Deputyes by Sam" Dennes & James Dundas who 
required y^ Speaker and y*" whole house of Deputyes to attend 
y^ Gover'" & Councill presently w'''' they did and did deliver 
all y** bills past both houses at this assembly to y** Secretary- 
being in number 14* and because Some of them wanted titles 
it was recomended to y*" Gover"" & Secretary to give proper 
titles to Such as wanted Orderd by both houses that y^ Secre- 

* Learning and Spicer, 339-351. 



216 NEW JERSEY COLONIAL DOCUMENTS. [1695 

tary do Record y^ Laws made at this assembly and do trans- 
scribe 4 Copies & Send one to Each County & that John 
Pike do revise & Compare y*" Copies (when ready) w*'' y'' Sec- 
retary & then y*" Governour dissolved y"" assembly & y" assembly 
was accordingly dissolved. 

Thomas Gordon D Sec'y & Reg' 

Att A Councill held at Perth-Amboy y^ 25'" day of Jully 
anno Doin : i695 

{Gove'' Hamilton 
Andrew Bowne Uf ^ Councill 
Lewis Morris j 

The Members of y' house of Deputyes being meet Came 
before this board & Informed his Hon"^ y" Cover"" y' y' major 
part of them were Conveened & Came to know his Hon" 
pleasure, The Cover"" did desire them to withdraw and Choise 
their Speaker and present him and they did withdraw and in 
a short time returned Richard Hartshorn for their Speaker 
who was accordingly received and then y'' Govet"" told them 
That he had sent some proposalls to y'' severall towns of y* 
whole province in writting that y** Country knowing what 
was to be oiitered they might Come y'' better Instructed to give 
Satisfactory answers w'''' proposalls if Complyed with would 
Conduce to y" generall good & welfear of y" province and as 
he had proposed in writting so he expected their answers in 
writting & desired it be y^ first thing w'^'" they would take 
into their Conssideration 

Adjourned till 8 a Clock to morrow morning. 

Att a Councill held at Perth Amboy 26"' Jully anno DoiTi 

i695. 

' Cover" Hamilton 

Andrew Bowne ^ 

Present <( David Mudie 1 

I Sam" Dennes f ^^ ^ ^^^^^^^^ 

[^ Lewis Morris J 



1695] JOURNAL OF GOVERNOR AND COUNCIL. 217 

A Message by Sam" Leonard Will" Lawrence and Benja- 
min Burden desireing y* writts & returns of Deputyes to be 
sent them w*"'' was ordered & don accordingly. 

A Message by David Mudie & Thomas Gordon Clerk of 
this board to take y** usuall oaths & Subscriptions of y^ mem- 
bers of y*' house of Deputyes who returned & reported to this 
board that they found a difference between y" oath taken by 
y^ last assembly & y*^ oathes of y*^ preceeding former assemblys 
by puting y* word (Rights) in stead of (Interest) in y'' oath. 

A Message by Thomas Gordon Clerk of this board to In- 
forme y*^ members of y^ house of Deputyes that this board 
Could not admitt of any alteration in y** Deputyes oath. 

A Message by Sam" Dennes Thomas Fitzrandolph & John 
Treat desireing a Generall Conference about y* oath used to 
be taken by y** Deputyes which was granted presently and 
being meet The Governour told them he Could not admitt of 
any alteration in y*^ Deputyes oath by Changing any of y® 
words thereof as it has been formerly taken and as it is pre- 
scribed by y" Concessions* and y'' Laws of y" province w'^'' at 
last was agreed to. 

Adjourned to 2 a Clock afternoon. 

Postmeridiem 

A Message by David Mudie & Thomas Gordon to admin- 
ister y*" Usuall oathes to y** house of Deputyes & to see them 
Subscribe y*" Same in usuall forme w*''' they did. 

A Message by George Willocks George Harriman & Sam^^ 
Leonard desireing a Generall Conference Concerning some 
Reports Spread abroad as Come from England Concerning y® 
Goverment and being meet The Governour did fully Satisfie 
all of them that these Reports were altogether false & ground- 
less & not worth noticeing. 

Adjourned till 8 a Clock to morrow morning. 

* Learning and Spicer, 13. 



218 NEW JERSEY COLONIAL DOCUMENTS. [1695 

At A Coimcill held at Perth Amboy 27* Jully i695 

f Gover"^ Hamilton 
Andrew Bowne 
John Ininians 
Present -{ David Mudie 

John Bishop [ 

James Dundas | 

^ Lewis Morris j 



of y® Councill 



A Message of John Royse & Sam" Leonard desireing a 
Generall Conference about y" s** article of y® proposalls Con- 
cerning y® quitrents 

A Message by David Mudie to Inform y® house of Depu- 
tyes that y^ Gover"^ & Councill would attend y* Conference 
w'^'' they desired at y'' usual 1 place presently. 

Att Which General Conference being meet M'^ Speaker did 
propose that y® paying of y^ quitrents was a Generall griev- 
ance to y'' Country and therefore did propose to buy them oif 
The Gover"" answer that he had no Instructions at present to 
dispose of them but if they would send some person home to 
negotiate that affair w*"" y® proprietors, He and y'' Councill of 
proprietors would send home another and did not doubt but 
it might be so ordered and Concerted that the proprietors 
would Consent to sell off y'' quitrents on reasonable terms 
they setleing a fund for y*^ future Support of y*" Goverment. 
Adjourned till 8 a Clock on moonday morning. 



Att a Councill held at Perth-Amboy y° 29*'' Jully anno 
Dom: 1695 

f Gover'' Hamilton 
I Andrew Bowne ^ 
Present { David Mudie • 

■ James Dundas f .of y^ Councill 

Lewis Morris J 



1695] 



JOURNAL OF GOVERNOR AND COUNCIL. 



219 



A Message by Richard Berry & Sam^ Dennes to Inform 
this board that some more of y® members of y' house were 
Come who had not yet taken y" oath. 

A Message by David Mudie & Thomas Gordon Clerk of 
this board To administer y' oath to those of y' house who 
were lately Come & to see them Subscribe y'' Same in usuall 
forme. 

Adjourned till 8 a Clock to morrow morning. 



Att A Councill held at Perth-Amboy 30*^ Jully anno Dom 

1695. 

Gover'' Hamilton 

Andrew Bowne 

John Inians 

David Mudie 

John Bishop 

James Dundas 

Lewis Morris 



Present 



of y^ Councill 



A Message by John Royse John Reid Sam" Leonard Will"" 
Lawrance & Edward Earle w'^ a bill Concerning Attorneys 
at Law prohibiting any to be Imployed or to plead save such 
as live w^'in the province, a bill Concerning y*" County of 
Sommersett & a bill about y'' Towns defraying their publick 
Charges all past that house. 

A Message from this board by Andrew Bowne & Lewis 
Morris to acquaint y^ house of Deputyes that y^ Gover'' & 
Councill do Expect & desire that they would first setle y^ 
fundation w'^'out w'^ y® Superstructur would soon fall to y® 
ground, first begine w''' y** proposalls made by y® Gover' and 
answer them and that being once well setled then they may 
do what may be found to be Convenient & for y® General 
good of y® Country. 

Adjourned till 8 a Clock to Morrow Morning 



220 NEW JERSEY COLONIAL DOCUMENTS. [1695 

Att a Councill held at Perth- Amboy 3r' Jully 1695. 

Gover"" Hamilton 
Andrew Bowne ^ 
-p , John Inians I 

' David Mudie )■ of y^ Councill 

James Dundas 
^ Lewis Morris 

Adjourned till 8 a Clock to morrow morning 

Att A Councill held at perth-Amboy y" 1'' August 1695. 

Gover"^ Hamilton 
Andrew Bowne ^ 
John Inians 
David Mudie 
James Dundas | 
Lewis Morris j 



Present 



} of ye Councill 



A Message by Richard Berry <fe John Enslie w"" two bills 
Concerning y*^ act prohibiteing y^ Exportation of pipe-staves 
<fe other lumber &c made at y" last assembly both past that 
house. 

Adjourned till 8 a Clock to morrow morning. 

Att a Councill held at Perth-amboy 2*^ August 1695. 



Present 



Gover'' Hamilton 
Andrew Bowne ^ 
John Inians j 

David Mudie y 
James Dundas j 
Lewis Morris J 



of ye Councill 



A Message by John Royse Edward Earle Junior John 
Reid William Lawrence Sam" Dennes & Thomas Higgens 
desireing a return of y° bills sent to this board & to know if 
they be past this board or not. 



1695] JOURNAL OF GOVERNOR AND COUNCIL. 221 

A Message by Lewis Morris & James Dundas to acquaint 
y" house of Deputyes that y° Gover'' & Councill thought 
strange that they delayed y'^ principall thing for w*=^' they were 
meet together and did desire they would first answer y*^ pro- 
posalls & settle well y^ fundation & these things would follow 
of Course. 

A Message by John Harriman & Benjamin Burden w''' a 
bill Concerning y^ ranging of a neck of land between Rariton 
river & South river and also desireing a return of y'^ bills sent 
to this board The Gover" answered that he desired they would 
send here all y* bills w'^'' they Intended this Sessions and such 
of them as aggreed w"" y® sence of this board they would pass 
them & such as did not aggree therewith they would desire a 
Conference upon them. 

A Message by Sam^^ Leonard Elias Micheilson John Car- 
rington Will"" Laing &. John Enslie desireing a return of the 
bills sent to this board & to know if they be past this board 
or not. The Gover"^ returned answer as above. 

A Message by David Mudie & Lewis Morris desireing a 
Generall Conference presently at .y^ usuall place Concerning 
y* proposalls &c and being meet The Gover^ told them he 
was Intending w"' advice of y" Councill to writt to y" propri- 
etors & Could not well do it till he had their answer to y^ 
proposalls made before y® meeting of y^ assembly & recomend- 
ed to them particularly at y® opening of this assembly. M'" 
Speaker answered it was their Custome to fall upon y^ money 
bill last &c. The Gover' told them it was a very bad Cus- 
tome & therefore ought to be amended and y^ most necessarie 
& weightie things on w'^'' y'^ well being of y** province totally 
depended should first be don and also because these proposalls 
were first tabled & y^ Cheife thing for w°'' this assembly was 
Called & now meet together therefore they ought to be first 
fallen upon and answered &c 

Adjourned to 2 a Clock afternoon 



222 NEW JERSEY COLONIAL DOCUMENTS. [1695 

Postmeridiem 

A Message by Will"" Laing John Treat & John Enslie 
with a bill for raising 150"' for & towards y® Suport of y* 
Goverment past that house and a bill for translateing all 
deeds & Conveyances of lands made in Dutch or french into 
English past that house. 

A Message by James Dundas & Thomas Gordon Clerk of 
this board desireing y^ house of Deputyes would w"" all expe- 
dition send an answer to y* rest of y^ proposalls &c 

A Message by John Harriman John Reid Sam" Leonard 
John Royse & John Treat desireing y® return of y® bills sent 
to this board without w'"" they Could not proceed. 

A Message by Andrew Bowne & James Dundas w**" all y* 
bil][s] returned unpassed this board being in number Eight and 
to acquaint them that the Gover^ & Councill are not sensible 
of any Coherance between these bills and y^ rest of y® pro- 
posalls but yet at their desire they had returned y® bills w"** 
they offered to y^ Speaker if he desired all or any part of 
them M'' Speaker answered they might lay down y^ bills upon 
y* table if they pleased, Andrew Bowne said no they were 
ordered to deliver all or any of y'^ bills that was desired or 
w*^** they had occasion for, otherwayes he would Carry back 
the bills to y^ Gover"" & Councill w'''' he did. 

Adjourned till 8 a Clock to morrow morning 

Att A Councill held at Perth-Amboy 3*^ august i695. 

f Govei-' Hamilton 
j Andrew Bowne ^ 
Present < John Inians j 

I David Mudie i «^ ^^ ^^"^^^^^ 

I I 

l^ James Dundas j 

A Message by Sam" Leonard Richard Berry Benj : Burden 
John Treat Elias Michielson Will"" Laing t& Thomas Hig- 
gens To acquaint this board that Their house did Intend to 



1695] JOURNAL OF GOVERNOR AND COUNCIL. 223 

writt to the proprietors in England about the opening y* ports 
here and their selling of the quitrents &c. 

A Message by James Dundas & Thomas Gordon Clerk of 
this board to Informe y^ house of Deputyes that y® Gover'' & 
Couneill expected their answer to y® rest of y® proposalls and 
that they Intend to writt to y® proprietors & Show y^ house 
y^ letters & therefore they Expected that y^ house would 
Communicate to y® Gover'' <fc Couneill y" letters w"'' they said 
they were writting to y® prop'rs. 

A Message by David Mudie & Thomas Gordon Clerk of 
this board to desire a Generall Conference of y'' house of 
Deputyes at 2 a Clock in y" afternoon in y** usuall place. 
Adjourned to two a Clock afternoon. 

Postmeridiem. 

Att A Generall Conference of both houses The Gover" told 
The members of y® house of Deputyes that he & y® Couneill 
Expected to see the letters w*"" they said they were writting 
to y" prop'rs for if they be Concealled it seems to be because 
they Complain of y" Goverment or Else writts untrouths and 
mistakes w'*" if they do not they ought to Communicate their 
letters for he & y^ Couneill are very ready & willing to Joyn 
in and assist in every thing w'^'' may any way tend to y^ Gen- 
erall good of y*^ province and unlese they writt Jontly to 
y*^ prop'rs how Could they expect to effect any thing. M"" 
Speaker answered that they had nothing to Complaine of agst 
y^ Gover"^ & Couneill nor would they willingly writt any 
thing but what was true and if they should Complain of y® 
prop'rs themselves they hoped it would wrong no body. The 
.Gover"" desired an answer to y'' proposall in writting w'^'' M"^ 
Speaker refused but if the Gover"" & Couneill pleased he 
would speak what he had in Commission from y® house upon 
that Subject, Viz : 

i To y® first article of y® proposalls (to witt y* raiseing of a 
peice of money for Encurradging of y'^ Souldiers Come from 



224 NEW JERSEY COLONIAL DOCUMENTS. [1695 

England for defence of y^ frontiers) They say y® Country is in 
great arrears of quitrents & have don a great deal already 
and y® Gover'' of New-Yorke refused 500^^ offered by that 
province w*'"' had it been need full they think he would not have 
denyed it. The Gover'' answered y' y^ Country may as well 
Complain of their particular debts as of y*" quitrents y*^ one 
being as truely due as y*" other and y'^ Gover^' of New-Yorke 
had refused y*' s'' 500^^' not because it was not needfull but 
because that bill was burthened w"' other things w*^'' he Could 
not in honor Grant. 

2. To y'' Second (to witt y® raiseing a peice of money for 
Clearing of our ports at home) They Say that y'' Country 
have payed their quitrents or are to pay them and therefore 
y*" prop'rs ought to open y" ports and y*' Country have been at 
800"' Charge to Support y" frontiers & y" prop'" have don 
nothing and if they were in a Capacity to raise a peice of 
money for this end they are but tennants at will & ye prop'rs 
may Surrender y'' Govermeut to y*^ Crown when they please 
they haveing no Certainty of y*" Goverment. 

3 To y^ Third (to witt The proposeing a method for Col- 
lecting y" quitrents w"'out truble & Charge to y'' prop'rs) they 
say if they Cannot Compell y' master to pay they cannot 
Compell y' Servant to Serve. To y' 2"* & 3'^ the Gover"^ an- 
swered y' if y* Country had alwayes payed their arrears of 
quitrents as they ought to have doon and Supported y® Gover- 
ment The prop'rs would never have desired their assistance on 
these two heads. 

4. To y*^ fourth (to witt y® proposeing a fund for y'^ future 
Support of y*" Goverment) They say that they have taken care 
for one year and they have no Certainty for any longer time 
of y" Goverment, The Gover'" answered that they ought at least 
to have Continued it for so long time as y" prop'rs keep y^ 
Goverment it being their own Interest so to do, and as to y^ 
bills y^ Gover' told them That he believed that about y^ Lum- 



1695] JOURNAL OF GOVERNOE AND COUNCIL. 225 

ber act would amount to a Monopile & therefore Cannot pass 
it till he writt to y^ prop'rs & have their answer as to y* about 
Attorneys it would have a very ill aspect & arraign y*' Ignor- 
ance & partiality of our Courts as to y^ money bill of 150"' 
for Support of y^ Goverment if they thought that he must 
pass all y*' rest only for y^ Sake of that he would return it also 
tho he Judged it lame also being only for one year w*^^'' ought 
to have Continued at least so long as y® proprietors keep y^ 
Goverment and as to y® rest he would Consider of them. 

A Message by James Dundas & Thomas Gordon Clerk of 
this board desireing a Comittie of that house to be appointed 
to meet two of y*^ Councill to Conferr upon Some of y^ bills 
Sent this board to witt Andrew Bowne & James Dundas from 
this board were appointed to meet Edward Earle Richard 
Berry & John Enslie and after a full debate they returned & 
reported to this board That they had aggreed on y'^ amend- 
ments of y^ bill for translating all Conveyances out of 
forraign Languages into English. 

A bill for raiseing 150"" for Support of y** Goverment was 
read here & past this board & y^ bill for translateing Con- 
veyances out of forraign Languages into English was read 
here & past this board. 

A Message by James Dundas & Thomas Gordon Clerk of 
this board w*^ y^ Six bill[s] w"*" are not past this board returned 
to y^ house of Deputyes & to acquaint them y' y® money bill 
& y^ bil][s] for translateing all Conveyances out of forraign 
Languages into English were both past this board and also 
to Inform them that y® Gover^ and Councill had writt to y^ 
prop'rs in England w'*" letter they had ordered y*^ Clerk of 
this house to read publickly in y* house of Deputyes to Show 
them that this board are neither ashamed nor afFrayed to own 
publickly what they do notwithstanding y' house had denyed 
y* like Civility to this board w"*" letter y^ sd Thomas Gordon 
Clerk of this board did accordingly read publickly and also 
acquainted them that y'' Gover'' & Councill desired to know 
if they had any further business to do for y" Country at this 

15 



226 NEW JEEISEY COLONIAL DOCUMENTS. [1695-6 

time for if they had they should be adjourned for some Con- 
venient time otherwise they should be dissolved and desired 
that whole house to attend y* Gover"^ & Councill presently 

The house of Deputyes attended y^ Gover'' & Councill and 
M'' Speaker told y' he was ordered to give y^ thanks of that 
house to y^ Gover'' & Councill for their favour in Causeing 
read to them y'^ letter w''^ they had writt to y" prop'rs in 
England and said that they knew of no further bussiness w*^^ 
y* Country had at this time and ordered y* y* Secretary do 
record the two laws * that are now made & transcribe 4 Copies 
viz : one for each County & that John Pike when ready do 
w*** y® Secretary revise & examine them and then the Gover"^ 
dissolved y^ assembly and y* assembly was dissolved accord- 
ingly. 

Thomas Gordon D Secr'y & Regr' 

Att A Councill held at Perth Amboy the 20'" day of ffeb- 
ruary 1695 

r Governour Hamilton ^ 
Present <| Andrew Bowne Vof the Councill 

I James Dundas J 

The Members of the house of Deputies being most of them 
mett, Came before this board And told the Governour the 
Major part of them were conveened And the Governour de- 
sired them to withdraw and choose their speaker, And present 
him Either to Night or to Morrow 

And In A short time presented & Returned Richard Harts- 
horne theire Speaker, who was Accordingly Received And 
the Governour told them he thought fitt to Acquaint them 
that the reason of Calling them together was to Informe them 
of Thomas Gordons goeing for England And also he Ac- 
quainted them that the Proprietors had beene at A great 
charge In supporting the Goverment, And never Received 
any thing out of the Province which he desired them to take 
into theire consideration 

Adjourned till to morrow at 8 A Clock &c. 

* Learning and Spicer, 352-4. 



1695-6] journatj of governor and council. 227 

Att A Councill held at Perth Amboy 25'^ ffebr: 1695 

f Governour Hamilton ^ 

j Andrew Bowne 
Present ^ j^^^ gi^j^^p |- of the Councill 

l^ James Dundas j 

A Message from this board to the house of Deputies by- 
John Bishop & Thomas Gordon to take the Oathes of the 
Deputies as is usuall, And In a Short time Returned gave 
Accp't to this board that they had done it 

Adjourned till to morrow at 8 A Clock &c 

Att A Councill held at Perth Amboy 26*'^ ffebr : 1695. 

f Governour Hamilton "] 
j Isaac Kingsland • 

Present < Andrew Bowne f ^^ ^^^ Councill 

1^ James Dundas j 

A Message from this board to the house of Deputies by 
John Barclay Clerk of this board with A bill for the tryall 
& Execution of Negros or other Slaves guiltie of murder or 
any other Capital! Crime.* 

Adjourned till to morrow at 8 A Clock &c. 

Att a Councill held at Perth Amboy 27*'^ ffebr : 1695 

f Governour Hamilton ^ 

Present < . , t? I of the Councill 

1 Andrew Bowne ,' 

[^ James Dundas j 

A Message to this board from the house of Deputies by 
John Royce, Benjamen Griffith & William Looker, with A 
bill concerning gaiming and tipling In publick houses 

A Messsage from this board to the house of Deputies by 
Isaac Kingsland one of the Members of this board & John 

* Negroes might be tried for felony by three Justices of the Peace, and sentenced 
upon conviction by a jury of twelve lawful men of the neighborhood.— Learning 
and Spicer, 356. 



228 NEW JERSEY COLONIAL DOCUMENTS. [1695-6 

Barclay Clerk with two bills passed this board (viz) one for 
Establishing of fees for the Members of this board, And an 
other for Regulating of ordinaries 

Adjourned till to morrow 



Att A Councill held the 29"^ ffebr: 1695 
r Governour Hamilton ^ 

Present '' . , t^ V of the Councill 

1 Andrew Bowne .' 

I I 

(^ James Dundas J 

A Message from the house of Deputies to this board by 
John Royce, William Looker, Thomas Hilburne, Richard 
Salter, Jedediah Higgins, William Lawrence, Clause Janson, 
with five bills, (viz) A bill for opening our ports &c, A bill 
4 Impowering one Justice to sumons towne meetings, A bill 
oblidgeing Constables chosen to serve, A bill for killing of 
Woolves, A bill for punishing & Releeving Negros 
Adjourned till monday at 8 A Clock 

Att A Councill held Perth Amboy 2"^ March 169|- 

[ Governour Hamilton ^ 

„ , i Isaac Kingsland • ^ ^i /^ .„ 

Present < . , tV V of the Councul 

1 Andrew iiowne I 

1^ James Dundas J 

A Message from this board by Isaac Kingsland & Thomas 
Gordon to the house of Deputies with two bills (viz) one for 
Supporting the Goverment And one concerning Negros, also 
three bills past both houses (viz) one concerning Woolves, one 
concerning constables, one concerning appoynting of towne 
meetings. 

A Message from the house of Deputies by John Pike, John 
Browne, William Looker, Thomas Hillburne to this board, to 
desire a Conference concerning two bills (viz) that concerning 



1695-6] JOURNAL OF GOVERNOR AND COUNCIL. 229 

the support of the Goverment, And that concerning Negros 
which was Accordingly Granted. 

Att A Generall Conference of both houses The Speaker 
first said as to the bill for the support of the Goverment, 
That Every Assembly will think it fitt what to offer for the 
Support of the Goverment, therefore they did not think it 
needefull at present to accertaine any thing, The Governour 
told them the reason of calling them now was to give them 
an Oppertunity to Lett the Proprietors know how farr they 
would encourage them to maintaine the Goverment, the 
speaker further said that the Deputies had Also promised In 
A Letter to the Proprietors, that they would do what they 
ought to do. 

Adjourned till to morrow at 8 A Clock. 

Att A Councill held at Perth Amboy 3** March 169| 

{Governour Hamilton -^ 
Isaac Kingsland v 

Andrew Bowne J 

A Message to this board from the house of Deputies by 
Benjamin Burden, John Williams, John Pike, William 
Looker, with A bill concerning Schoolmasters, And the bill 
concerning Negros, past both houses. 

A Message to this board from the house of Deputies by 
William Lawrence, John Pike, John Williams, Benjamine 
Burden, with A bill Entituled for raising £150 towards con- 
firming our Government & clearing our ports. 

A Message from this board by John Barclay Clerk, to the 
house of Deputies, with A bill for Maintaining the New 
Road to Burlington &c. 

A Message from this board by Isaac Kingsland to the 
House of Deputies to desire A publick Conference of the 
whole house who Returned for answere they would come 
Imediately. 

Att a Generall Conference of both houses. The Governour 



230 NEW JERSEY COLONIAL DOCUMENTS. [1695-6 

acquainted them that the bill for opening our Ports they sent 
to him was Inconsistant with it selfe because it Arraigned 
the Goverment. 

Adjourned till to Morrow at 8 a Clock 

Att A Councill held At Perth Amboy 4"^ March 169f 

r Governour Hamilton ^ 
■ Isaac Kingsland 

Present ^^ ^^^^ew Bowne ( «f ^^^ Councill 

I ■ 

l^ James Duudas j 

Att A publick Conference of both houses, A Petition of 
Complaint Against George Jewell the Clerk of the peace & 
John Gardner High SheriiF for the Countie of Essex : signed 
by Benjamen Ogden, Jonathen Clements, Isaac Hatfield, which 
Petition being [read], And after A Long Debate it was found 
that theire accusers could prove nothing of what they accerted 
against the said Clerk & Sherrife. 

A Message from this board to the house of Deputyes by 
Isaac Kingsland to Demand two bills passed this board (viz) 
one concerning ordinaries & an other concerning a high Road 
[to] Burlington. 

A Message from this board to the house of Deputies by 
John Barclay Clerk with A bill for £200,— " — " — for sup- 
porting the ifrontiers. 

A Message to this board from the house of Deputies to this 
board by Jedediah Higgens, William Looker, Thomas Hil- 
burne and Albert Terhorne, to desire a Comittie with six of 
theire number & some of the members of this board to treat 
about the bills that are yet to be past. 

A Message from this board to the house of Deputyes by 
John Barclay Clerk, to Acquaint the house, that some of the 
members of this board are ready to meete with six of theire 
number Appoynted for A Conference with them. 

Att a Private Conference of some of the Members of this 
board (viz) Andrew Bowne, Isaac Kingsland, James Dundas, 



1695-6] JOURNAL OF GOVERNOR AND COUNCIL. 231 

And six of the Members of the house of Deputies (viz) John 
Royce, William Lawrence, Benjamen Burden, Richard Salter, 
John Pike, John Williams, who returned five bills passed this 
board (viz) one for Regulating ordinaries, one for Appoynting 
the Councellors expences, one for A tax for defraying the 
charge of trying ifelloas, one concerning the New Road to 
Burlington, one for raiseing £200 " — " — for the support of 
the flProntiers. 

To that concerning Ordinaries they answered there was 
already a Law for Regulating ordinaries. To that concerning 
the Councellors Expences they answered since the Countrey 
did not chuse them they were of opinion it was not theire con- 
cerne to pay them. To that concerning the charge of ffellons 
they answered there was provision made by the Lawes of 
England to defray such charges. To that concerning the 
New Road they answered they were writing an other bill over 
about it. To that for £200 " — " — for the support of the 
ifrontiers they answered, that the people were generally so 
poore they could not possibly raise so much monie this Spring, 
but they further said, they hoped the Governor would call 
another Assembly sometime next ifall, to which it was replyed 
by some of the members of this board, that if they would 
but raise but one halfe this spring & the other halfe in the 
fall to shew theire readiness for his Majesties service as well 
as for theire owne safety And it was further told them, that 
if they would only raise £60 " — " — this Spring, & the rest 
In the fall that wee may show our readiness to assist In what 
wee can. 

Adjourned till to morrow at 8 A Clock 



Att A Councill held at Perth Amboy 5"^ March 169^ 



Governour Hamilton ^ 

Isaac Kingsland i 

Andrew Bowne [ 

1^ James Dundas J 



Isaac Kingsland ^ 

Present , j^^^^^^^ g^^^^ r of the Councill 



232 NEW .lERSEY COLONFAL DOCUMENTS. [1695-0 

A Message to this board from 'the house of Deputies by 
John Browne, Jedediah Higgens, Richard Salter, witli a bill 
concerning the New Road to JJurlingtou Past both houses 
they also Acquainted this board, that the whole house would 
waite on them presently, In order to A Publick conference. 

Att A Publick Conference of both houses the (jiovernour 
desired to advise with the house of Deputies what he should 
do if Governour illetcher should Demand Assistance from him 
for the support of the ll'rontiera, whither they think fitt the 
Governour should Attach Men or not when he Demands them. 
In Atiswere to the (jovernours proposall the Speaker Replyed, 
they were Ignorant and did not well understand that matter, 
but only they are willing to raise £50 " — " — to the private 
Sentinalls att Albany to be payed next fall. 

A Message from this board to the house of Deputies by 
Isaac Kingsland & Thomas Gordon to know of them whither 
or not they have considered of a bigger sume, than what they 
before offered for the support of the ll'rontiers And to reade to 
them A Letter Intended to be sent to the Proprietors from the 
Members of this board. 

A Message from this board to the house of Deputies by 
Andrew Bowne & Thomas (iordon to Acquaint them that 
the Governour has already been at A Considerable Charge to 
send Expresses concerning the public Affaires, therefore he 
desires to know how he shall be paid for such Emargencies 
for time to come if any should happen And Also to Acquaint 
them, that since there is an open warr against the ffrench, It's 
thought needfuU by this board, there be a Magazine of pow- 
der tV: Shott In Every Towne In this Province. 

A Message from this board to the house of Deputies by 
William Lawrence, John Pike, Richard Salter, to desire the 
aforesaid Message from this board In writeing, which the 
Governour Accordingly did. 

Adjourned till to Morrow at 8 A Clock. 



1695-6] JOURNAL OF GOVERNOR AND COUNCIL. 233 

Att A Councill held at Perth Araboy 6'" March 169f 

f Governour Hamilton ^ 

^ I Isaac KiDe;slaud ; r. ^i n -n 

Present ■' . ^ oi ^'^^ Councill 

i Andrew i>owne i 

[^ James Dundas j 

A Message from this board to the house of Deputies by- 
Thomas Gordon to read A Letter signed by this board to the 
Proprietors In London. 

A Message from this board by John Barclay theire Clerk to 
the House of Deputies to Acquaint them that the Governour 
<& Councill desired them to Attend this board with the bills 
that were finished unless they had Either A bill for the sup- 
port of the Goverment, or an other for support of the ffrontiers 
under consideration, to whom the speaker Answered the Clerk 
was busie writeing A bill for the safetie of the Province. 

A Message from this board to the house of Deputies by 
Thomas Gordon to Acquaint them that the Governour & 
Councill desired them not to Adjourne untill they brought 
all the bills along with them, to which they answered theire 
Clerk was busie about the bill for the Safetie of the Province, 
And as soone as that was ready they would wayte on the 
Governour & Councill if it were not too Late. 

Adjourned till to Morrow at 8 A Clock. 

Att A Councill held Att Perth Amboy 7"* March 169f 
C Governour Hamilton ^ 

Present -^ / , ,. V of the Councill 

1 Andrew liowne I 

(^ James Dundas j 

A Message to this board from the House of Deputies by 
William Lawrence, Jedediah Higgens, Richard Salter & 
Benjamen Burden with A bill for the Safety of the Province, 
& defraying the Charge of Expressess In time of Warr. 

A Message from this board to the house of Deputies by 



234 NEAV JERSEY COLONIAL DOCUMENTS. [1696 

Thomas Gordon to Acquaint them that the Governour cannot 
be answerable to signe the said bill, because he cannot Act 
safely without the Advice of his Councill who Returned for 
answere the house of Deputies would Attend this board 
presently. 

Att A Publick Conference of both houses The Speaker 
presented all the bills past.* The Governour told them that 
In the beginning of the Assembly he Acquainted them that 
Thomas Gordon was goeing home In order to prosecute some 
persones that had abused our Goverment, The Governour 
further Acquainted them if they had any thing to offer to the 
Proprietors, he should be no Insendarie against them. And 
he should be glade that they"bonvince the Proprietors they 
have beene ready to serve them According to theire Ability. 
And also the Governour told them he knew of no other busi- 
ness at this time, And so dissolved them. 

John Barclay Dp' Sc'^ & Rg^'^ 

Att A Councill held at Perth Amboy 2** June 1696 

f Governour Hamilton ^ 
I Andrew Bowne I 

Present •{ Samuel 1 Dennis } of the Councill 

j John Bishop | 

1^ James Dundas j 

The Governor Informed this board that he Received A 
Packett dated at the Councill Chamber of White Hall the 
10*^' March 169f signed by tenn of the Members of his 
Majesties Privie Councill, Wherein they Informe him of A 
Horrid Plott against his Majesties sacred person And an 
Invasion by the tfrench, wherein they also Informe him they 
doe it by his Majesties Express Coinand, And hopes that all 
his Majesties Loveing subjects In that Province will Joyne 
in giveing thanks to Almightie God for such A wonderful! 
deliverence. 

Accordingly the Governour with consent of his Councill 

*Six in number.— Learning aud Spicer, 365-361. 



1697-8] JOURNAL OF GOVERNOR AND COUNCIL. 235 

Issued out A Proclamation for A Solemne day of thanks 
giveing to bee Religeously kept through out this Province 
upon the ll"" day of this Instant. 

And it was Concluded by this board that A Letter bee 
writt by the Governor to M"" Povey Clerk to the Plantation 
Office giving him an Accpt : of the Receipt of the said Pack- 
ett which was Accordingly done In these words. 

The Express from the Right Honourable the Lords of 
his Majesties Most Honourable privie Councill bearing date 
from the Councill Chamber at White Hall the 10"" day of 
March 169| came to my hands via. Virginia upon the 22*^ 
of May. I called A Councill In Each Province & produced 
theire Lordsp' Letter together with the papers Inclosed. 

As the Barbarous & wicked designes against the sacred per- 
son of A prince who so often shews himselfe at the head of 
his Armies, The only oppertunitie A generous Enemie could 
desire, created detestation & Abhorence, So the happy dis- 
apoyntment of it by the good providence of God, And the 
defeat of the Enemies Attempts against his Majesties King- 
domes & Government was a matter of great Joy. I have 
therefore with Advice of councill of both East & west Jersey 
Appoynted a Solemn day of thanks giveing In Each Prov- 
ince upon which I am well Assured the unfeigned thanks of 
All the Inhabitants will bee offered up to Almighty God for 
so great A deliverance, & all imigineable Expressions of Joy 
upon so solemn an occasion 

And : Hamilton 

Perth Amboy 2'^ June 1696 

Att A Councill of Generall Assembly begun and held at 
Perth Amboy the 16"^ day of March Anno DoiTi : 169| 

f Coll : Andrew Hamilton Governour 
; Capt : Andrew Bowne ^ 
Present ^ j^j^^ j^j^^^ If ^^^ Councill 

(^ James Dundas J 



236 NEW JERSEY COLONIAL DOCUMENTS. [1697-8 

The Members of the house of Deputies being most of them 
raett, came before this board, and told the Governour the 
Major part of them were conveened & the Governour desired 
them to withdraw <fc chuse theire speaker & present him. 

And in A short time they returned & presented Samuell 
Denniss theire Speaker. 

The Governour told them, hee would have called them to- 
gether Last yeare as hee has yearly done since hee came Into 
the Goverment, but the reasone (why hee did it not) was be- 
cause M'^ Gordon was sent home on the publick Accpt : and 
was unwilling to putt the Countrie to the charge of A Gen- 
erall Assembly till his returne, but the reasone why they were 
now called together was because the Justices & severall others 
of the Inhabitants of the Province had Addressed him to call 
an Assembly, And hee was willing to heare what they had to 
offer. 

Adjourned till to morrow at 8 A Clock 

Att ACouncill of Generall Assembly the 17*'^ of March 169| 

f Governour Hamilton "^ 

j Cap* : Andrew Bowne • 
Present , j^^^ j^-^^^ } of the Councill 

I I 

t^ James Dundas j 

A Message to this board from the house of Deputies by 
Lewis Morris & William Sandfoord to desire one of the 
Members of this board to take the Deputies oathes And Ac- 
cordingly James Dundas & John Barclay Clerk to this board 
went to doe the same, <& In a short time Returned & gave an 
Accpt, they had done it. 

A Message to this board from the house of Deputies by 
Lewis Morris & William Loveridge Acquainting this board 
that they see not cause to Ad mitt Thomas Warne * to bee one 
of theire Members, therefore desires A New writt may be 
Issued out to chuse an other In his Roome. 

Adjourned till to morrow at 8 A clock in the morning 

*The cause may possibly be inferred from court records printed in " Old Times in 
Old Monmouth," 257-8. 



1698] JOURNAL OF GOVERNOR AND COUNCIL. 237 

The 18"^ of April! 
present As Above 

A Message to this board from the House of Deputies by 
Richard Hartshorne & Cornelius Longfield to Intreate the 
Governour to Issue out his writt to chuse an other Deputy for 
Perth Amboy In the Roome of Thomas Warne. 

Adjourned till morrow morning at 8 A Clock 

The 19"" day present As Above 
Adjourned till monday at 10 A Clock In the morning 

The 21'' day present As Above 

A Message to this board from the House of Deputies by 
John Pike & Lewis Morris to Acquaint this board that theire 
House had Adjourned themselves untill the 17"' day of May 
next. 

John Barclay Dep' Sc'' & RgsV. 

Att a CouDcill held At Perth Amboy In the Countie of 
Middx: the 7'^ day of Aprill Anno Dom 1698 

f Coll : Andrew Hamilton Governour 
I Capt: Andrew Bowne ^ 

Present <! Samuel 1 Dennis i ^ , ^ 

/-I i. T I, D- u V of the Councill 

Capt: John Bishop ,' 

l^ James Dundas j 

Jeremiah Basse Esq'' produced to this board A Comission 
to bee Governour and Comander In Cheefe of this Province 
of East New Jersey given under the Scale of the sayd Province 
In London, & signed by the Propri etors there bearing date the 
15"^ day of July 1697.* 

Hee Also produced here A CoiSission given under the broad 
Scale of Englaud by order of the Lords Justices bearing date 
the thirtieth day of Aprill Anno DoiB : 1697, (directed to 

*The draft of his commission as Governor of West Jersey is given in N. J. Ar- 
chives, II., 143. 



238 NEW JERSEY COLONIAL DOCUMENTS. [1698 

Edward Randolph Esq" & severall others In All Eight In 
Number or any five of them, or In case of theire Absence by 
death or otherwise, then to five of the Councill, And In case 
of any of theire Absence, then to three of the Councill), to take 
the oath (of the Governour or Comander In Cheeffe of the 
Provinces of East & west New Jersey for the time being) 
Appoynted by the Act of trade & Navigation &c : to bee 
taken by the Respective Goveruours of his Majesties Planta- 
tions. Hee Also produced here A Certificate (given under 
the hand & Scale of his Excellency Richard Earle of Bella- 
mont Cap' : Generall & Governour In Cheefe of the Province 
of New Yorke &c : dated 5"' Aprill 1698) therein setting 
forth (that before his sayd Excellencie) hee had taken the 
oathes appoynted by Act of Parliment to bee taken Instead 
of the oathes of Alleadgiance & supremacie and signed the 
test & association both which Comissiones & Certificate were 
here read In Councill, And then hee Imediately tooke the 
oath of Aleadgeance to the King & fidelity to the Interest of 
the Proprietors of the sayd Province As Governour thereof 
And it was then ordered by this board that Proclamationes 
should bee Issued out to Each Countie throughout this Pro- 
vince setting forth the New Governours Coinission And 
ordering All officers both civill & Militarie to continue In 
theire severall offices & places till further order. 

Adjourned till to morrow morning Att 8 a Clock. 

Att A Councill Held Att Perth Amboy the 8'*^ of Aprill 

1698. 

f Jeremiah Basse Esq"" : Governour 

j Capt : Andrew Bowne ^ 
present <^ gamuell Dennis Vof ye Councill 

(^ James Dundas J 

Agreed & ordered by this board that A proclamation bee 
Issued for All Magistrates & other officers to put the Lawes 
In Executione strickly Against iiSoderate drinking swearing 
& other vices & the breach of the sabbath day. 



1698] JOURNAL OF GOVERNOR AND COUNCIL. 239 

Agreed & ordered Also that an other Proclamation bee Is- 
sued out setting forth that the Coinissioners of his Majesties 
Customes in England Have Allowed Perth Araboy to bee a 
free Port.* 

Agreed & ordered by this board that the peace f bee pro- 
claimed here the first day of the next Court of Comon Right. 

The Governour Requested the members of this board to 
Administer the Oath (to him) Appoynted by the Act of trade 
& Navigation According to the Comission under the broad 
Seale of England by him here produced. And this board were 
of opinion (at present) that they had not power to Administer 
sd oath, because there are severall other persones Nominated 
In the sayd Comission to Administer the same. 
Adjourned till further order. 

Att A Councill held att Perth Amboy the 20"" day of 
Aprill Anno Dom : 1698 

Jeremiah Basse Esq'' Governour 
Capt : Andrew Bowne 
Samuell Dennis 
Present ^ Cap' : John Bishop 
John Royce 

Richard Hartshorne j 
l^ Thomas Codrington J 



} of the Councill 



This day the Members of this board Administered the oath 
to the Governour (Appoynted by the Act of trade & Naviga- 
tion &c) According to the Coiiiission under the broad Seale of 
England here in Councill produced. 

All the Members of this board here present tooke this day 
the oathes Appoynted by Act of Parliment to bee taken In- 
stead of the oathes of Aleagiance & supremacie (Except Rich- 
ard Hartshorne) who scruples swearing After the usuall forme. 

Agreed & ordered by this board that A writt bee directed 
to the Sheriffe of the Countie of Bergen to suffious the Jus- 

*N. J. Archives, II., 178, 227. 

t Between England and France, proclaimed at London, October 19, 1097. 



240 



NEW JERSEY COLONIAL DOCUMENTS. 



[1698 



tices of the sayd Couatie to Appeare before the Justices of 

the next Court of CoiSou Right to render theire reasones 

why they refused to obey A writt of Habeas Corpus directed 

to them. 

Adjourned till further order. 

Att A Councill Held Att Perth Amboy The 12"' day of 
May Anno Doiii : 1698 

present f Capt : Andrew Bowne ^ 
I Samuel Dennis | 

-{ Capt: John Bishop ) 
j Thomas Warne 
(^ Richard Hartshorne J 



of the Councill 



It's Agreed by this board that the Letter directed to Coll : 
And: Hamilton & the Councill of this Province from the 
Proprietors dated 12"" of October 1697, bee Recorded In the 
publick Records of this Province & safely kept In the Secre- 
taries office. 

It's Also Agreed by this board, that notice be given to the 
severall members of the present Generall Assemble of this 
Province, that they doe not meete here According to theire 
owne Adjournment the 17"' day of this Month, but that they 
delay theire meeting until! they have further order by Procla- 
mation from the Governour. 



Att A Councill held att Perth Amboy 30"' May Anno 
Dom:1698 



present 



'' Jeremiah Basse Esq"": Governour 
Cap* : Andrew Bowne ^ 
Samuell Dennis 
John Royse 
Thomas Codriugton ^ of the Councill 
Cap': John Bishop 
Thomas Warne 
Richard Hartshorne 



1698] JOURNAL OF GOVERNOR AND COUNCIL. 241 

The Governour Administered an oath of Secracie to John 
Tatham Esq'' hee not being of the Councill of this Province 
but of West New Jersey who was Accordingly Admitted by 
this board to Assist them with his Advice. After the read- 
ing of A Late Proclamation signed by Bellamount Governour 
of New Yorke the 24"" of this Month, This board were of 
opinion that M"" James Dnndas should bee sent for to Acquaint 
them what hee knew of any order Lately come from England 
to Bellamount concerning our Port who Accordingly came. 

And it was Agreed by this board that there should bee A 
Proclamation Issued out Asserting the Authoritie of our Port. 
And there bee A Letter writt to the Proprietors giveing them 
An Accpt thereof & also of Bellamounts Proclamation with 
Coppies of them both which was Accordingly done. 
Adjourned till further order 

Att A Councill held at Perth Amboy : 16* June 1698 

present f Jeremiah Basse Esqr Governour 
Cap' Andrew Bowne 
Samuell Dennis 
Thomas Codrington 
John Royse 
Cap* John Bishop I 
Thomas Warne J 

The Governour Informed this board that hee received A 
precept directed to him from the Earle of Bellamount As vice 
Admirall of the Province wherein hee requires him to send 
(two prisoners together with their Effects Accused of Piracie) 
to New Yorke to bee tryed there at the Court of Admiraltie.* 

And it's the opinion of this board that the Governour ought 
not to send said prisoners as desired untill my Lord Bella- 
mounts Comissione for vice Admirall of this Province bee 
published here f 

And its Also the opinion of this board that A letter bee 

*N. Y. Col. Docs., IV., 305, 314, 606. 

tibid., 270, 272-3, 358-9; N. J. Archives, II., 229-30, 235-6. 

16 



V of the Councill 



Present < 



242 NEW JERSEY COLONIAL DOCUMENTS. [1698 

writt to My Lord giveing him an Accpt why the prisoners 
are not sent According to his desire. 

Adjourned till further order 

Att A Councill at Perth Amboy for y^ province of East 
new Jersey the 15"" day of July i698. 

Jeremiah Basse Esq'" Governour 
Capt Andrew Bowne 
Tho: Codrington 

™, ^r y of the Councill 

rho : W arn I 

Capt Jo" Bishop | 

Sam" Dennes J 

Thomas Gordon Presented to this board a Deputation for 
Secr'y & Regr' from M" W" Dockwra Sec'ry & Regr' of this 
province & the Gover"" Did Satisfie this board that he did see 
y^ s'^ Deputation Signed Sealed & delivered by y'^ s'^ M'' 
Dockwra to y® s^ Tho : Gordon who was accordingly Recog- 
nized by this board & took y^ Oaths in usuall forme. 

The Governour did present to this board a Letter from y" 
King and Councill with a proclamation prohibiting his Maj*'^' 
Subjects to Enter into y* service of forraign princes, Estates 
&c, directed to the Proprietors of East New Jersey w"'' this 
board ordered to be published in y^ severall Countyes of this 
province According to y^ usuall forme. The Petition of 
Robert Cole Deputy Collector Complaining ags* George 
Jewell & his wife for rescueing some goods seized by him 
belonging to Thomas Webster of Elizabeth town & also agst 
Isaac Whitehead & Benjamin Pryce for refuseing to take 
Cognizance of y^ Same was read here, & y® opinion of this 
board is that this bussinese doth not ly properly before this 
board & therefore doe referr him to a due Course of Law & 
in Relation to any weshells or sloops seized by the s** Rob' 
Cole It is y^ opinion of this board y* y^ s** weshells or sloops 
with all their tackle & furniture &c be Inventaried & ap- 



1698] JOURNAL OF GOVERNOR AND COUNCIL. 243 

prized & Security taken to produce y^ same at y" next Court, 
or pay y® apprized value in Case they be lost &c. 

The petition of M"' George Willocks being read & Con- 
sidered its the advice of this board that y" s>^ Willoks do 
bring y" b^ Ship Called y^ Dispatch & Cargo to Perth- Amboy 
& this board in behalf of y** proprietors and the Council! do 
promise to Indemnifie y'' s*^ Willocks & his Imployers from 
all Customes of y'' s'^ Cargo, (w'"" Cargo s'^ Willoks sayes is 
about 800"' ster: first Cost) in Case s*^ Ship shall be forcibly 
Carried up to New-York & forced to pay Customes there. 
Adjourned till further order 

Att a Councill held for the Province of East New Jersey 
att Perth Amboy y^ 1^' of Aug' 1698 

( Govern'" Basse 

I Cap' Andrew Bowne ^ 

j Tho : Codrington j 

j John Royse J> all of the Councill 

j Sam : Dennis I 

I Tho: Warne j 

M"" George Willoks did propose to this Board that the Ship 
dispatch being now at New York, our Govern'' & he having 
been at New York did propose to the Lieu' Govern'" & Coun- 
cill there that if they would permit the said Ship to come 
here to Perth Amboy to unload the goods bound hither by 
bills of Loading, they would give Bond to Stand tryall for 
the Dutyes payable by New York Laws at Westminster hall, 
& if cast there to pay the same &q and in case this proposal 
be rejected he desires the advice of this Board, in case he be 
forced to a Law Suit, & an appeal &c (by bringing down the 
Ship & goods here) how the charges &c Shall be defrayed 
being hard for him & his Employers as private persons to 
bear So great charges & Expences being designed for the 
benefit & good of the publick &c. It is the Opinion of this 
J^oard that it will be very much for the good of this Prov- 



244 NEW JERSEY COLONIAL DOCUMENTS. [1698 

ince & the Interest of the Proprietors that M"" Willoks do 
endeavour by all ways & means by Law or otherwise to bring 
the Said Ship & goods here, & what charges &c he Shall be 
at, this Board will use their utmost Endeavours with the 
next assembly to assist towards the reimbursing the Said 
charges & Expenses. 

Adjourned till further order. 

At a Council held at Perth Amboy the 26**" of November 

1698 

( Govern"" Basse ^ 

' John Royse ■ 
Present \ j^^^ gighop ( 

[^ Sam" Dennes J 

The Govern" did Inform this Board that yesterday in the 
afternoon Cap' Mathews & M"" Hungerford with between fifty 
& Sixty men in Arms did come from New York & by Sur- 
prise forcibly entr'd the Ship Hester & forcibly detained her, 
& also forcibly do keep & detain Capt Richard Wise Com- 
ander of the sd Ship & all the Seamen & Marriners (to her 
belonging) prisoners aboard the Said Ship & have hurt & 
wounded Several of the sd Marriners ; His Honour the Gov- 
ern'' doth desire the Opinion & advice of this Board, whether 
he shall convene the Country & forcibly retake the Said Ship, 
or forbear & Suffer those people to do what they please.* 

It is the positive & unanimous Opinion of this Board that 
there be no force used to retake the Said Ship Hester. 

At a Councill held at Perth Amboy the 12"" of December 

1698 

Govern'' Basse 

John Royse 

Richd. Hartshorne 
"] John Bishop [ 

1 Sam" Dennes | 

[ThorWarne j 



Present <I 



* N. Y. Col. Docs., IV., 438, 546, 591, 605, 634, 777, 856, 875. 



1698] JOURNAL OF GOVERNOR AND COUNCIL. 245 

There was read before this Board a Letter from M"" Cousens 
Clark of the Council of New York dated the 25"' of Novem- 
ber writt to Govr"" Basse by order of the Govru"^ and Council 
of New York concerning the Ship Hester It is the Opinion 
of this Board that they have no need to return any answer to 
the said Letter 

The Govrn' desir'd the Opinion of this Board what is fit 
now to be done concerning the Ship Hester being appointed 
by the proprietors Instructions to take the advice of this 
Board in that affaire. 

It is the positive and unanimous Opinion of this Board 
the Governor do not medle or concern any further with the 
Ship Hester any manner of way in Complyance with the 
Govern"^ or Goverm' of New York. 

Cap' Andrew Bowne & Thomas Codrington by their Let- 
ters are of the same Opinion. 

It is the opinion of this Board that an Assembly be called 
to meet at Perth Amboy the 2P' of ffebruary next. 

There was Read before this Board a letter from the Pro- 
prietors in England directed to the Govern'' & Councill dated 
the 27'^ of August 1695 the Clark of this Board is order'd to 
draw up the minutes in answer thereunto against to morrow 
morning 

Adjourned till to morrow morning 

at a Councill held at Perth Amboy the 13*'' December 1 698. 

Govern" Basse 

John Royse 

-r. Richard Hartshorne 

Present < t i t>- i V 

John Bishop 

I Sam'' Dennes i 

[ThorWarne J 

There was drawn up the Scroll of a Letter to the proprie- 
tors in answer to theirs of the 27"' of August which the Clark 
was ordered to write out fair against to morrow morning. 
Adjourned till to morrow morning 



246 NEW JERSEY COI^ONIAL DOCUMENTS. [1698-& 

At a Council held at Perth Amboy the 14"" of December 
1698. 

Govern'' Basse 
John Royse 
Richd : Hartshorue 



Present 



I., 



^ Sam" Dennis ' 

I John Bishop I 

L Tho : Warne j 

The Letter to the Proprietors being writt out fair by the 
Clerk of this Board was here read & approved of & Signed 
by the Govern"" & all the members of this Board now present, 
& recommended to the Govern"^ to be carefully conveyed to 
the Proprietors in England by a Ship Cap' Bradford Coin- 
ander now bound from New York to England & then 
Adjourned till further Occasion 

Att a Councill held for the General Assembly at Perth 
Amboy the 21^' of ffebruary 1698. 



Jeremiah Basse Esq"" Gover"" & Prop' 



■ Andrew Bowne ^ 
Present ,^ j^^^ ^^^^^ ( 

[will: Pinhornej 

The Representatives being met did come before this Board, 
& did acquaint this Board that they were now met in Obedi- 
ence to the Govern''' writts, & desired therefore now to know 
his pleasure & then the Govern"" did acquaint them that he 
was glad of this Oppertunitie to meet them here & Spoke to 
them in this manner (viz*) 

Gentlemen 

" The first work of the learned Phisician when called for 
" the curing of a distemper'd body is to remove & repell all 
" venemous humours of y" heart, because a disease once Seated 
" in this Metropolis, is rarely curable : This deserves imitation 



1698-9] JOURNAL OF GOVERNOR AND COUNCIL. 247 

" by you who are the carefull Phisicians of our State, & the 
" healers of our body politick ; It is easily perceivable what 
" wounds this Province has of late received & by what hands ; 
" It remains then with you to consider the most proper, 
" Speedy, & effectual remedies, in which I dare assure you of 
" my utmost concurrence & assistance. 

" We may attribute our misfortunes not only to the invasion 
"of our just rights by Some from another Province, but in 
" part to our Intestine differences & interests : could there be 
" more of unanimity amongst our Selves, & all the different 
" interests reconcil'd, or at least not in this juncture agitated, 
" we might y* less be lyable to fear our Success against any 
" others that Should attempt to hurt us. Scilurus his Arrows, 
" whilst they were bound in a bundle together, could neither 
" be broken nor bowed, but being divided were easily Snapped 
" assunder ; So will it fare with us, whose happiness chiefly 
"depends on unity & mutual conjunction amongst our Selves, 
" & nothing can be of more dangerous Consequence to us, 
" then discords, or divided Interests. It is an excellent 
" Motto on the coin of y*" united Provinces, that have from 
" poor distressed States in a little time raised themselves to 
" be the Companions of the ancientest Monarchies Concordia 
" parva res crescunt ; & the Same in practice may in time 
" render us not the Scorn but the envy of our Neighbours, 
" whilst they by their mutual jarrs shall, tho' unwillingly 
" largely contribute to our prosperity. 

" Let us then resolve to be unanimous in Seeking out what 
" is for our generall Interest at this juncture, & both Speedy 
" & resolute in y*^ accomplishment of it, nothing being more 
" commendable in a State, then constancie to their resolutions, 
" & celerity in all their Actions ; by the one they disauimate 
" & by the other they prevent the very desigues of their 
" Enemies. 

" In our Search then after that which may tend to the 
" Interest & honour of this Province, I must commend to 
" you, the removing those obstructions that hinder the trade 
" thereof, this being the Source & Original of almost all our 



248 NEW JERSEY COLONIAL DOCUMENTS. [1698-9 

"other misfortunes, for as nothing can more tend to the 
" enriching a people & province, then trade, So nothing can 
"more impovrish & debilitate it, then those Obstructions 
" that are layd in y" way of it ; the growth of Amsterdam is 
" only to be attributed to y" trade thereof, & that Philadel- 
" phia hath grown to So great a height in less than half the 
" time that this Province hath been Settled, is easily to be 
" accounted for : God & Nature have done their partes in 
"giveing you (I may Say) almost an unparalell'd advantage 
" over the last in respect of Situation, & it is not to be ques- 
" tion'd but your growth would be proportionable, would you 
" Sedulously apply your Selves to the removals of our un- 
" hapy hinderances ; And in this give me leave to tell you, 
" that this business well timed & begun is half ended and if 
" I am not mistaken, we can never propose to have a more 
"happy juncture, a more critical time wherein to prosecute 
" to advantage this great affair ; Your resolutions & Zealous 
" Espousal of this cause will greatly advance the main of it, 
" & prove a disanimating circumstance to your opposers, 
" neither shall I doubt of Success, Since we are to make our 
" application to those Laws for our relief, whose chief Minis- 
" ter is so far from wresting them to the disadvantage of the 
" Subject, that he hath given us the most noble testimonies of a 
" firm resolution to hazard a life of invaluable worth to pre- 
" serve us from tyranny, & an arbitrary construction of them. 
" Some things are necessary to be consider'd in order to y*^ 
" well doing of this work. Justice, as the first mover & effi- 
" cient facility as the instrumeutes & profit as the final cause, 
" the first of these hardly admits of a dispute from our Op- 
" posers. It is Excellence in that very proclamation which 
" seems to strike at our trade, giveing the cause away to us in 
"ascribing the legal Establishment of ports to be in y® Com- 
" missioners of the Customs under the direction of the Lords 
" of the Trea'ry, which establishment we have an undoubted 
" and undeniable proof of, not only in instructions to that 
" purpose but in their placing an officer to collect the Kings 
" Revenue, in whose Commission the direction of y^ Lords of 



1698-9] JOURNAL OF GOVERNOR AND COUNCIL. 249 

the Trea'ry to ye Com""^ of y" Customs per their warrant is 
recited : but indeed the Law of Nature & Nations Seems to 
argue strongly for our right, it being no less than imprison- 
ing of us in our habitations, if denyed our Egress to or our 
regress from them, & how unreasonable this must be to be 
punished when inocent will be evident to every unbiassed 
person. 

"Having then justice as the basis & foundation of our 
design, tho' we shou'd be forc'd to wade through some diffi- 
culties for y" obtaining of it, the Profit in y® Conclusion 
would abundantly overballance the charge, but I see no in- 
superable difficulties to contest withall : The path to our 
desir'd Port is already trodden & none I hope will be so 
slothfull to desist, from the fears of there being a Lion in y*" 
way. 

" We have some of us long wished for an opportunity of 
trying this contest by a due Course of Law, you have now 
such an opertunity put into your hands, that if once slipped 
may perhaps never be again retrieved, a Ship loaden for an 
Outward bound Voyage against whom our Enemies them- 
selves cou'd have no pretence, having if I err not, three 
times tryed her in their own Courts, where they might justly 
be said to be both Judges & party & yet too clear evidences 
of her freedom appeared that contrary to their interest & in- 
clination, they were forced to clear her ; Yet this very ship, 
loaded with wood & water necessary provisions that 
we wou'd allow to a Turk or Infidel, is by a Commission 
from his Ex^cy forcibly carried away tried, condemn'd & 
sold by them for not entring & clearing at y*" Port of New 
York ; True it is, she was soon after her capture profered to 
me again on the payment of an inconsiderable charge, which 
occasioned me to consult both the Council of y** Province & 
the Council of Proprietors about that proposall, & they are 
my Evidences that in it I never consulted my own, but your 
Interest, never inquired what wou'd conduce most to my 
private advantage, but what might tend to the benefit & ad- 
vantage of the Province, which according to their Opinion 



250 NEW JERSEY COLONIAL DOCUMENTS. [1698-9 

" I pursued, leaving both ship & Cargo in the hands of the 
" Captors, to be proceeded w'^ as they thought fit. Now hav- 
" ing my recourse to you, for your Assistance in y^ recovery 
" of my right, unjustly & violently carried away, & after by 
" me neglected or rather sacrificed to your Interest, by which 
" you will not only engage the endeavours of one that looks on 
" nothing more dear to him, then the Interest of his Couutrey, 
" & hath in this given no mean Instance of his resolutions to 
" Serve you ; But you have the fairest prospect of attaining 
" your desired end, the clearing your trade from its hindrance 
" & Obstructions, & given the greatest encouragement to other 
" Merchants to venture their Stocks in Trade amongst you, 
" when they See you generously defending of them. 

The Representatives in a short time returned & presented 
M"^ John Harriman as their Speaker, upon which y"* Govern'^ 
spoke to them to this effect, Gent, that the House of Repre- 
sentatives have the choice of their Speaker is a thing I shall 
not bring into question, but before my acceptance of y** person 
you have chosen, give me leave to Inform you that I have 
received Information that some of y"" house have Peticoned 
our Neighbour Govern'' to take them under his protection 
which if true, seems to me to destroy those Libertyes that 
ought to be near & dear to us. Some of your house are not 
unacquainted with it, I must therefore beg of you, to retire 
& consult what may be necessary to be done in this affair, & 
then present the person you shall conclude on, to me ; 

A Message from the house of representatives that they had 
adjourned till eight a clock to morrow morning & this Board 
Adjourned till 8 a clock to morrow morning. 

At a Council held for y^ Generall Assembly the 22*'' ffeb- 

ruary 1698. 

Govern"^ Basse | 

„ Andrew Bowne 

Present , , ^^ 

John Koyse 

I Will'" Pinhorne 



1698-9] JOURNAL OF GOVERNOR AND COUNCIL. 251 

A Message from the house of Representatives desireing the 
returns of the writts of y*^ Election of Deputys to be sent 
them & accordingly there was delivered to John E,eid the 
writts for y* Countys of Essex, Midlesex, Monmouth, & 
Bergen : 

Adjourned till four a Clock after noon. 

Post meridiem 
Present as above & Thomas Warne 

A Message from y" house of Representatives to this Board 
desireing this Board would please to send Some of their 
members to administer the usual Oaths to the members of 
the house of Representatives, & accordingly John Royse & 
Thomas Gordon Clark of this Board were sent to the house 
of Representatives & being returned did Inform this Board 
that they administred the usual Oaths to the house of Repre- 
sentatives. 

A Message from the house of Representatives to Inform 
this Board that the house of Representatives were adjourned 
till 8 a Clock to morrow morning & this Board also 
Adjourned till 8 a Clock to morrow morning. 

At a Council for y* Generall Assembly &c ffebruary y*' 23'"'* 

1698. 

f Govern"" Basse ^ 

I Andrew Bowne I 

Present -{ John Royse )> 

j Will: Pinhorne 

l^ Tho : Warne j 

A Message from the house of Representatives InforraiDg 
this Board that they had received a Letter from the Proprie- 
tors in England telling them that according to their desire 
the Goverment was now authorized & acknowledged under 
the broad Seal of England & their Ports fully cleared, the 
Instructions of which they desired this Board would please 



'252 NEW JERSEY COLONIAL DOCUMENTS. [1698-9 

to send them together with a Copy of his Hon" the Govern" 
Speech made at the opening of the Assembly, all which the 
Govern"^ promised to Send them, as soon as his Hon" Speech 
was copyed out which was now a doing. 

Ordered that William Pinhorne one of the Members of this 
Board do return the thanks of this Board to the Reverend M"" 
Edward Portlock* Authorized Pastor of the Jerseys for the 
sermon he preached before the General Assembly Yesterday 
afternoon. 

A Message from the House of Representatives to Inform 
this Board, that the Representatives for y'' County cf Bergen 
were come, desiring this Board would send some of their 
Members to administer the usual Oaths to them & accord- 
ingly John Royse & the Clark of this Board were sent to 
administer the said Oaths who being returned did inform 
this Board that they had administered the usual Oaths to the 
Bergen Representatives. 

Adjourned till 2 a Clock afternoon 

Post meridiem 
Present as above 

Ordered that Thomas Warne & Tho : Gordon Clark of this 
Board do carry the Dedimus Potestatem under the broad Seal 
of England (to the House of Representatives) for adminis- 
tring the Oaths concerning trade & Navigation to y^ Govern" 
or Coinander in Chief of East & West Jersey together with 
Instructions to the Govern'^ of East & West Jersey concerning 
Trade <fe Navigation &c Supr'scribed by the Lords Justices & 
Subscribed by the Lords of the Trea'ry as also a Copy of his 
Hon" the Govern"'^ Speech which accordingly they carried, 
& being returned did Inform this Board that they read the 
Dedimus Potestatem publickly in the House of Representa- 
tives & had Shewn them the Instructions &c, & had left with 
them the copy of his Hon" the Govern" Speech, & that the 

♦Whitehead's Perth Amboy, 209 : Hills's Church in Burlington, 128 ; Humphreys's 
Historical Account of the Incorporated Society for the Propagation of the Gospel in 
I'oreign Parts, 195. Whitehead, following Humphreys, gives the name as Perthuck. 



1698-9] JOURNAL OF GOVERNOR AND COUNCIL. 253 

whole house of Representatives did seem very well Satisfied 
that the Dedimus Potestatem &c was an acknowledgment & 
Confirmation of our Goverment under the broad Seal of 
England in pursuance of an Act of Parliament &c, & that the 
Instructions &c was a Sufficient confirmation of our free 
Ports & trade &c. 

A Message from the House of Representatives that they 
had adjourned till to morrow morning at 8 a Clock &, then- 
this Board 

Adjourned till 8 a Clock to morrow morning. 

At a Council for y" General Assembly &c the 24"" ffebruary 

1698. 

f Govern'' Basse '^ 

I Andrew Bowne I 

Present -{ John Royse )> 

j W"" Pinhorne j 

1^ The : Warne J 

Thomas Gordon Clark of this Board was sent to the House 
of Representatives with the Act ag* Py rates mentioned in his 
Hon" the Govern''' Speech and a Letter fiom the Lords of 
Trade & Plantations to the Proprietors of the Jerseys con- 
cerning the Same. 

Adjourned till 2 a Clock afternoon. 

Post Meridiem 
Present as above. 

A Message from the House of Deputyes that they had ad- 
journed till 8 a Clock to morrow morning and then this Board 
Adjourned till 8 a Clock to morrow Morning. 

At a Council for the General Assembly the 25''' of flFebruary 
1698. 

Present as Above. 

A Message from the House of Deputyes that they had ad- 
journed till Munday at 2 a Clock afternoon & then this Board 
Adjourned till Munday 2 a clock afternoon. 



^54 NEW JERSEY COLONIAL DOCUMENTS. [1698-9 

At a Council held for y* General Assembly &c 27* ffebruary 

1698. 

Post Meridiem 

f Govern" Basse ^ 

j Andr. Bowne • 
Present ] j^. r^^^^ |- 

i^ W". Pinhorne j 

A Message from the House of Deputyes that they had Ad- 
journed to eight a clock to morrow morning & then this Board 
Adjourned 

till 8 a Clock to morrow morning. 

At a Council held for the General Assembly &c 28"' ffeb- 
ruary 1699. 

Present as above. 

A Message from the House of Representatives that they had 
Adjourned till 2 a Clock afternoon, & then this Board 
Adjourned till 2 a Clock afternoon. 

Post meridiem 
Present as above. 

A Message from the House of Representatives Informing 
this Board that the House of Representatives had Adjourned 
till to morrow morning at eight a Clock & this House Ad- 
journed 

till 8 a Clock to morrow morning 

At a Council for the General Assembly y^ first of March 
1698 

Present as above. 

George Willoks Agent for y" Propr's did desire of this 
Board that if any bills were presented to this Board from the 



1698-9] JOURNAL OF GOVERNOR AND COUNCIL. 255 

House of Representatives of this General Assembly for y* 
Concurrence of this Board to be past into a Law which should 
any way touch y^ private Interest or Estates of the Proprietors 
of this Province that this Board would please not to pass any 
such Bills until he as the Proprietors Agent were called & 
heard thereupon in behalf of y" Proprietors. 

A Message from the house of Representatives that they had 
adjourned till to morrow morning at 8 a clock & this Board 
Adjourned till 8 a Clock to morrow morning. 

At a Councill for y^ General Assembly &c y" 2'^ March 

1698 

f Govern' Basse ^ 

j Andrew Bowne i 
Present i j^^^ ^^^^^ ^ 

I Will'" Pinhorne J 

A Message from the House of Deputyes with a Bill con- 
cerning patents &c which was read the first time. 

And M"" Willoks having formerly desired that no bills 
which Seemed to touch Any thing relating to the Proprietors 
Interests should pass this Board till he by himself & Council 
should be heard in behalf of the Propr's as their Agent 

Ordered that Capt Bowne & M'' Royse desire a General 
Conference of the whole House upon the subject Matter of 
y^ said Bill at 4 a clock afternoon, & that M"" Willoks have 
notice to attend in behalf of y*^ Proprietors. 

Ordered that Thomas Gordon Clark of this Board do give 
M'^ Willoks notice to attend with his Council at the above 
Conference in behalf of y^ Proprietors & then this Board 
Adjourned till 2 a Clock afternoon 

A Message from the house of Deputyes by Edward Earle 
& John Pike with a Peticon &c from Major Berry which was 
read & ordered to lye on y" table. 

At a General Conference of both Houses the said Bill being 
read after much debate on all Sides M" Willoks did offer that 



256 NEAV JERSEY COLONIAL DOCUMENTS. [1698-9 

he as Agent to y^ Proprietors would consent to y® Said Bill 
provided they on the other hand would secure the Propr's 
rents according to the true & real Intent & meaning of the said 
grants, or else he did here offer in behalf of the Proprietors 
that the Proprietors at their own cost & charges would give 
New Pattents to all Such as had Such old pattents & who 
desired new pattents, to which it was answered that they did 
desire to know what Power M"^ Willoks had as Agent for the 
Proprietors, & that he as being a member of their House 
could not appear against them, in answer to which he said 
that he did not appear as one of their members but as Agent 
for y® Proprietors as above, & as a member of y® Proprietors 
Council, & desired time to bring Council in their behalf & 
produced his Commission from the Propr's which was read 
here, & also desired the Comission for the Council of Pro- 
prietors, whereof he was a Member might be read which was 
done, to all which it was reply'd that they did think M" 
Willoks had not sufficient power from y® Proprietors as their 
Agent in this aifair, & so were not concerned to enter into 
any further debate with him after some debate by the mem- 
bers of this House concerning the said Bill — Ordered that the 
Bill concerning pattents &c. be read a 2'' time to morrow at 
ten a Clock in y*' forenoon 

Adjourned till 8 a Clock to morrow morning. 

At a Council for y® General Assembly the 3^ of March 
1698 

Present as above 

The Bill concerning patents was read a 2** time. 

A Message from the House of Representatives by William 
Lawrance & John Williams desiring a return of the above 
Bill. 

Ordered that John Royse & Thomas Gordon do carry y* 
said Bill to y^ House of Representatives & leave it w"' them 
<fe desire that it may be Ingrossed fair without Interlinings 



1698-9] JOURNAL OF GOVERNOR AND COUNCIL. 257 

A Message by John Pike & another to'acquaint this Board 
that they were adjourned till 2 a Clock afternoon & then this 
Board 

Adjourned till 2 a Clock afternoon 

Post Meridiem 
Present as above. 

The above said bill being returned by W'°^Lawrence John 
Pike & two others fair Ingrossed & past the House of Repre- 
sentatives was here read & past this Board, & they also de- 
livered in to this Board a bill concerning privateers and Py- 
rates past that House w*"^ was here read. 

Ordered that Capt Bowne desire a general Conference of 
the House of Representatives presently upon the said two 
Bills, & to desire the Copy of the Act made in Jamacia con- 
cerning Pyrates to be returned, & being met his Hon'^ y^ 
Govern" did acquaint them that he had pass'd the above said 
Bill concerning Patents &c & delivered it to y^ Speaker & 
told them there wanted some small amendments in the Bill 
concerning Pyrates &e with w'''' he would acquaint them, & 
they returned back the Copie of the Jamacia Act, & the Coun- 
cil of trade & plantations Lett'' to the Proprietors of East & 
West Jersey. 

Ordered that John Royse carry the bill concerning Pyrates 
&c with the amendmen*' to the House of Representatives to 
be fair Ingrossed. 

Adjourned till to morrow morning 8 a Clock 

At a Council for y' General Assembly &e 4"' March 1698. 

r Govern'" Basse ^ 

! And^ Bowne ! 
Present ^^ j^^^ j^^^^^ j> 

[ Will. Pinhorne j 

A Message from the House of Representatives by Samuel 
Walker & Judiah Higgins with a paper in writing Signed by 

17 



258 NEW JERSEY COLONIAL DOCUMENTS. [1698-9 

John Harriman Speaker by order of that House requesting 
the Govern"^ to Issue out his warrant to the town of Perth 
Amboy to choose another representative for y* said Town 
instead of Mr. George Willocks which was accordingly done 
& directed to the Constable of y'^ said Town. 

A Message by John Reid to desire this Board to appoint 
some of their Number to confer with five of their Number 
about amendments of the Bill Concerning Privateers & pyrates. 

Ordered that Cap' Bowne & William Pinhorne do meet 
Richard Hartshorne, Thomas Codrington, Samuel Dennes, 
John Reid & Samuel Walker, to conferr ab' the Said Bill 
presently, & being returned Informed this Board that they 
had agreed on the amendments of y^ Said Bill. 

Adjourned till Munday morning 9 a Clock. 

At a Council &c 6'^ of March 1698 
Present as above. 

A Message from the House of Representatives by Thomas 
Codrington & Samuel Walker to acquaint this Board that 
they had Adjourned till to morrow morning at 8 a Clock & 
then this Board Adjourned 

till 8 a Clock to morrow morning 

Att a Council held &c y' V^ March 1698 

r Govern'' Basse ^ 

And^ Bowne 
Present i j^^^ ^^^^^ f- 

[ Will. Pinhorne j 

Petition of Grimstoue Bonde against John Mathie Clerk of 
y* Court of Small causes was read here complaining of Sev- 
eral misdemeanours comitted by y'^ said Mathie in y® Execu- 
tion of his Office & both parties being called and fully heard 
& the Petition' producing no Evidence to prove the facts 
alleadged Save the offer of his own Oath, & the said John 



1698-9] JOURNAL OF GOVERNOR AND COUNCIL. 259 

Mathie denying all the facts alleadged & offering to make 
Oath to y" contrary This Board thought fit to take neither of 
their Oaths & ordered to dismiss the Peticon & the Petition 
is hereby dismissed accordingly 

Adjourned till to morrow morning 8 a Clock. 

Att a Councill &c held y' 8* of March 1698. 

r Govern'^ Basse ^ 

• Andr. Bowne [ 
Present <,_ j^^^ j^^yg^ I 

I Will. Pinhorne j 

The whole House of Representatives came before this Board 
<fe presented M"" Earle for their Speaker in place of M" Harri- 
man who is ill & he was received accordingly. 
Adjourned till 2 a Clock afternoon 

Post Meridiem 
Present as above & Jo" Inians 

A Message from the House of representatives with a Bill 
declaring the Rights & priviledges of his Ma' ties Subjects 
within this Province of East New Jersey & another Bill for 
Establishing y*" Several Courts of Judicature within this 
Province both past that House, were read here the first & 
ordered a Second reading to morrow morning. 

The Govern"" & Members of this Board did here Subscribe 
the test & association. 

Adjourned till 8 a Clock to morrow morning 

Att a Councill held &c 9*'^ March 1698 

f Govern"" Basse ^ 

I Andr. Bowne I 
I I 

Present ( John Inians } 
j John Royse | 
[ Will. Pinhorne J 



260 NEW JERSEY COLONIAL DOCUMENTS, [1698-9^ 

The Bill concerning Rights &c was read a Second time & 
ordered to be read the third time to morrow morning. 

A Message from the House of Representatives with a Bill 
past that House concerning the chief ranger of this Province 
was read here, Ordered M' George Willoks therein named do 
attend this Board at 3 a clock to make his Objections against 
the same & that Thomas Gordon Clerk of this Board do give 
him Notice thereof. 

A Message from the House of representatives with a Bill 
past that House concerning y® Sec'ys Office was read here, or- 
dered that it be read to morrow afternoon. 

Adjourned till 2 a Clock afternoon 

Post Meridiem 
Present as above. 

A Message from the House of Representatives with a Bill 
concerning Towns making rates &c past that House was read 
here, & ordered a second reading to morrow morning. 

Ordered that John Royse go to the House of Representa- 
tives & desire them to Send Some of their Members to be pre- 
sent here to hear what Objections M'' George Willoks doth 
make against the Bill concerning the chief rangers place &c 
accordingly there came from the House Samuel Dennes Rich- 
ard Hartshorne, William Lawrence, Samuel Walker, John 
Treat, John Pike & Jediah Higgins before this Board, & W" 
Willoks being also present the said bill was here read, & M"" 
Willoks did desire a Copie of the said Bill & time to consider 
& give in his Objections. 

Ordered M"" Willoks have a Copie of s'^ Bill & make his 
Objections against it to morrow morning at 10 a Clock. 

A Message from the House of Representatives desiring that 
this Board would appoint Some of their members to meet a 
Committee of 8 of their House to draw up Instructions for 
disposing of the money agreed to be raised Ordered Cap' 
Bowne, M*^ Inians M"^ Royse & M"^ Pinhorne presently to meet 
the said committee to witt Richard Hartshorne, Thomas Cod- 



1698-9] JOURNAL OF GOVERNOR AND COUNCIL. 261 

ringtoD, Samuel Walker, John Pike, Jediah Higgins John 
Treat & William Lawrance 

Adjourned till to morrow morning 8 a Clock. 

Att a Councill &g y<= 10''' of March 1698 

f Govern"" Basse 
I Andr. Bowne 
Present <J John Inians ^- 
I John Royse | 
^ Will'^Pinhorne j 

A Message from the House of Representatives by John 
Reid Tho Codrington & others with the Names of those that 
they have chosen viz', Edward Earle Jun'', John Cooper, Wil- 
liam Lawrance Jun"^, Samuel Walker, & Peter Vannest for 
a Comittee to joyne Such as Should be named by this Board 
for managem' of the instructions concerning y" money bill. 

Ordered that Cap* Bowne & John Royse do carry the 
Names of those named by this Board, viz', Andrew Bowne, 
John Royse, Sam'' Dennes, Richard Hartshorne, & William 
Lawrance to joyne with those by them named as above. 

The Committee which came before this Board Yesterday 
about the chief rangers Bill to answer M"" Willoks objections 
ag' it came again before this Board according to Yesterdays 
order, & M'' Willocks not being here present they returned 
again. 

A Message by John Pike & Jediah Higgins to acquaint 
this Board that they had attended the time appointed to hear 
Willocks Objections, & he not being p^'sent, they thought 
themselves no further obliged to attend y' matter. 

A message by Richard Hartshorne & William Lawrence to 
acquaint this Board that they did not think fit that any who 
are now members of their House Should be named by this 
Board to be of the abovesaid Committee concerning the 
money bill, & desire this Board would name Such others as 
they think fit 



262 NEW JERSEY COLONIAL DOCUMENTS. [1698-9' 

Ordered that John Royse & William Pinhorne do carry to 
the House the Names following, Cap' Andrew Bowne, John 
Royse, William Pinhorne, John Bishop, & Thomas Warne, 
all of the Councill in place of those formerly named as above, 
who returned again without delivering the Message that 
House being busie. 

The Bill concerning Rights &c was here again read &c, 

M' George Willocks came before this Board & gave in his 

reasons in writing ag' y^ chief Rangers Bill which were read 

here 

Adjourned till 2 a Clock afternoon 

Post Meridiem 
Present as above. 

A Message by John Barclay & another to Inform this 
Board that their House was met & was ready to receive their 
Message. 

William Pinhorne & John Royse did carry the Names of 
y* s"* persons as p"" above Order. 

A Message by Thomas Codrington, William Lawrance & 
Samuel Walker desiring to know whether this Board had yet 
passed the Bills Sent them, to which the Govern' returned 
answer, that this Board was as busie as could be, but the Bills 
being very long they take up much time to consider them. 

Ordered that John Royse & William Pinhorne do desire 
the House of Representatives to Send Some of their House to 
confer with Andrew Bowne, John Royse & William Pinhorne 
about the Bill of rights &c. & accordingly came Richard 
Hartshorne, John Reid, John Pike, Samuel Walker, Samuel 
Dennes, & William Lawrance being a Committee of their 
House to confer about the said Bill of rights &c. 

Adjourned till 8 a Clock to morrow morning. 



1698-9] JOURNAL OF GOVERNOR AND COUNCIL. 263 

Att a Council &c 11"' March 1698 

Govern'' Basse ^ 
Andr: Bowne I 
Present ■{ John Inians } 
John Royse 
(^ Will : Pinhorne j 

A Message by Jediah Higgins & another desiring this 
Board would appoint a time to conferr about the Bill con- 
cerning Courts, this Board did desire it to be done presently 
then came Richard Hartshorne, Will"" Lawrance, John Reid, 
John Pike, & Sam'^ Walker members of that House a Com- 
mittee to meet Andrew Bowne John Inians, John Royse & 
William Pinhorne to conferr upon the said Bill concerning 
Courts &c after much Debate this Bill is referred till next 
Sessions of Assembly. 

The Bill about making Town rates & taxes &c was again 
read here & some amendments made for allowance for the 
members of the Govern'''' Council. Ordered that M" Royse 
& Thomas Gordon Clerk of this Board do carrie the said 
Bill with y^ Amendments to y*" House of Deputyes for their 
Approbation. 

Cap* Richard Wyse late Master of the Ship Hester came 
before this Board, & made affidavit in writing concerning the 
forcible Seisure & carrying away of the said Ship Hester 
from the Harbour of Perth Amboy to New York. 

A Message from the House of Representatives with a Bill 
concerning Deputyes past that House, & the Bill concerning 
rights &c & the Bill concerning Pyrates &c both amended & 
past that House. 

Adjourned till munday at 8 a Clock in y® morning. 



264 NEW JERSEY COLONIAL DOCUMENTS. [1698-9 

Att a Councill for the General Assembly held the IS"" 
March 169| 

f The Hon'^ble Jer. Basse Esq"" Govern' & Prop"" 
p j Cap' Andrew Bowue ^ 

^. John Royse V 

l^ William Pinhorne j 

The Bill for declaring the Rights & Priviledges of his 
Ma'ties Subjects &c read, & a message ordered to the Lower 
House to desire a Conference of some of their members who 
may have full Power to amend, alter, & raze out, those things 
that in this Bill are added or altered, from the amendments 
agreed on by the former Committee of both Houses, & that 
they bring up the former Bill & amendments & that Cap' 
Andrew Bowne & John Royse do carrie the same. 

The Act for y® restraining and punishing Privateers & 
Pyrates read & Signed p' the Govern"^ & sent to the House of 
representatives. 

The Act declaring what persons are disabled to sit in 
Assembly read & Ordered that it be read a Second time, 

M"^ Hartshorne & M"" Burden Sent from the House for a 
Conference of a Comittee for amendm' of the Bill of rights 
&c. At said Conference were Richard Hartshorne, William 
Lawrance, John Pike, John Reid & Samuel Walker, with 
Andrew Bowne John Royse & William Pinhorne members of 
this Board who agreed on some further Amendments of the 
sd Bill of rights & priviledges &c. 

A Message by Richard Hartshorne & Elias Mackilson with 
the Bill about making Town rates &c amended & past that 
House. 

Adjourned till 2 a Clock afternoon 

Post meridiem 
Present as above. 

Ordered that M' Royse & Thomas Gordon Clerk of this 
Board do carry the Bill concerning Town rates past this Board 



1698-9] JOURNAL OF GOVERNOR AND COUNCIL. 265 

to y'' House of representatives, & y^ Bill concerning Elections 
<fec also past this Board. 

A Message by Richard Hartshorne & Andrew Hampton 
with Some amendment of the Bill concerning Election of De- 
putyes which was consented to by this Board. 

A Message by Richard Hartshorne & Another wi"" a Bill 
concerning the Explaining of a former Act concerning Cap'' 
John Pike, and John Pike his Son which being read here a first 
& Second time was past this Board. 

Ordered that Cap' Andrew Bowne & Thomas Gordon Clerk 
of this Board do carry back y*^ said Bill concerning John Pike 
eld^. & Jun"^. with order to desire y'^ House to make some 
amendments on the said Bill, which the House consented to, & 
accordingly the amendments were made in the presence of the 
said Cap' Bowne & Thomas Gordon by the Clerk of that 
House by order of the said House. 

The whole House of Representatives came before this Board 
and gave in the Bill of rights with the Amendments &c past 
their House which was read here & past this Board, & they 
also gave in the Bill for raising 6711b for redressing a force of 
our Neighboring Province past that House, which was read 
here & past this Board, & delivered back again to the Speaker, 
both which Bills were delivered back to the Speaker, & then 
was given in an address to his Hon'^ the Govern*" craving his 
assistance for redressing the said Grievance which was also 
read here &c. 

The whole House came before this Board, and delivered up 
all the Laws made this Session &c being Seven in Number * & 
delivered to the Sec^'y who was ordered to cause write four fair 
copies of them viz', one for every County and to send them 
to y* Several and respective Sherriifs of each County to be pub- 
lished with all Expedition, & then both houses agreed to ad- 
journ this Assembly until the third Munday in May next ensu- 
ing & accordingly the Assembly was Adjourned till the third 
Munday in May next. 

* Learning and Spicer, 362-381. 



266 



XEW JEESEY COLONIAL DOCUMENTS. 



[1699 



At a Council held at Perth Amboy the 9''' day of May for 
the Province of East Xew Jersey 1699. 

His Hon"^ Jeremiah Basse Govern" 
Cap* Andrew Bowne 
John Royse 
Present -{ John Bishop 

Tho : Warne ' 

Sam". Dennes | 

Rich : Hartshorne j 

The Govern"" & Council Seeing cause to Suspend Thomas 
Gordon have thought fit to constitute in his place Charles 
Goodman Clark of the Council for the time being who has 
taken his Oath accordingly. 

Ordered that M' Charles Goodman be made Clark of the 
Chancery instead of John Barclay, & that a Commission be 
drawn accordingly. 

The Govern' acquainting this Board of the Necessity of his 
absence proposed the making a Deputy Govern' to Act in his 
absence it was allowed & Accordingly Cap' Andrew Bowne 
was chosen Deputy Govern'' & it was ordered that a Com- 
mission be drawn for the same 

Adjourned till to morrow. 

At a Council held the tenth of May &c. 
Present as above. 

The Govern'' produced a blank writ which Lewis Morris 
Gent demanded to be Signed against Obadiah Holmes Sheriff 
of the County of Monmouth, the Council were of opinion 
Nemine Contradicente that it ought not to be Signed during 
the Sessions of the Court, they not remembring any such 
practice in this Province & knowing the Said Holmes to be a 
Sufficient man & easy to be come at any time. 

Ordered that Lewis Morris & George Willocks be brought 
before the Council. 



1699] JOURNAL OF GOVERNOR AND (X>UNCIL. 267 

Ordered that they Give Security for their appearance to 
answer at the Court of coiuon right the Second Tuesday in 
October i to be of the good behaviour otherwise a mittimus 
to be directed to the Sheriff to convey them to Goal till they 
Should find Security as afores^, on which ^P Morris desired 
an hour or two to consider of it, w'^ was granted.* 

M^ Morris & Willoks were again sent for, <S: the Govern'' 
& Council proposed to them to give Security for their good 
behaviour, tfc to appear at the Court of coiuon right on the 
Second Tuesday in October next, the absence of wittnesses not 
appearing at y* Subpcenas hindring y'' present prosecution 
this Court on which both M"" Morris c^ Willoks desiring to 
know the Sume required for their Security the Council 
ordered three hundred pounds, w*"** they refused & said they 
wou'd not give especially for the good behaviour, Mr Morris 
asserting that by no overt Act he had any way given occasion 
to them to suspect it. 

Permitted their Liberty till to morrow morning upon their 
parole. 

Ordered that Henry Kimbell & Patrick Murdo be sent for 
by a Messenger of the Councill. 

Adjourned till to morrow morping. 

Att a Council held for the General Assembly at Perth 
Amboy the 15*'' day of May 1699. 

r Cap* Andrew Bowne Deputy- Govern"^ 

Present } '^^^^ ^°^'^ 1 

Present ^^ ^^^, j^^^ ^.^^^^^ f 

i^ThorWarne j 

Cap* Andrew Bowne being Elected Deputy Govern'^ to act 
in the absence of the Govern'' took the Oath usual in such 
cases viz* : 

I Andrew Bowne underwritten do Solemnly Swear to bear 
true allegiance to our Soveraign Lord William the Third of 
England &q & to his Successors & to be true tt faithfull to 
y* Interest of the Lords Proprietors of the Province of East 

♦Whitehead's East Jersey, 210-212. 



268 NEW JERSEY COLONIAL DOCUMENTS. [1699 

New Jersey in America, & to their Heirs Exec'" & Assigns, & 
shall endeavour the peace and welfare of the Said Province, 
-& shall & will discharge the trust in me reposed as Deputy 
■Govern'" of the said Province, & do equal justice unto all men 
according to the best of my Skill & Judgment without favour 
or affection Wittness my hand the IS"" day of May in the 
Eleventh Year of the Reign of our Soveraign Lord William 
the Third over England &c King aiioq. Dmi. 1699 

Signed Andrew Bowne 

The Sheriff of y" County of Middx made a return of 
Lewis Morris to Serve in the p'"sent General Assembly for 
the Town of Perth Amboy, & Peter Vannesse for the County 
of Somerset in the room of Thomas Codrington pursuant to 
a writt und"^ the Scale of the said Province to him directed. 

The Representatives being met did come before this Board 
•& acquainted them they were met according to their last 
adjournm*, & desired to know the pleasure of this Board & 
then the Deputy Govern' told them he had not much to Say, 
but if there were any thing they cou'd think of for the good 
of the Province he hop'd they wou'd take it into their Con- 
sideracon. 

A Message from the House of Representatives to the desire 
the return of the writt for the Election of one Deputy for 
Perth Amboy & Another for the County of Somerset, & 
accordingly the said writ was delivered to Jediah Higgins 
one of the said House. 

A Message from the House of Representatives to acquaint 
this Board that they had adjourned till 8 a Clock to morrow 
Morning & then this Board 

Adjourned till 8 a Clock to Morrow Morning. 

At a Council held the 16* of May &c. 
f The Deputy Govern"' 

Present I '^''^° ^""^'^ ) 
Present i ^j^^. ^^^ne I 

(^ Cap' Jn ' Bishop J 



1699] JOURNAL OF GOVERNOR AND COUNCIL. 269' 

A Message from the House of Representatives by John 
Pike & John Hanse to desire this Board would Send Some of 
their Members to administer the usual Oath to a member 
chosen to Serve in Assembly for the County of Somerset in 
the room of Thomas Codrington. 

John Royse & Charles Goodman Clark of this Board were 
sent to administer the Said Oath who being returned informed 
this Board that they had administered the usual Oath to Peter 
Van Este. 

A Message from the House of Representatives to acquaint 
this Board that they had Adjourned till 2 a Clock & then 
this Board Adjourned 

till 2 a Clock 
Post Meridiem 

Present as above 

There was Delivered by M'^' Willoks a Letf which was 
read here directed to Cap' Andrew Bowne M*^ John Royse 
M' Thomas Warne & Comp'' &c in these words. 

We are now able (God be thank'd) to treat with you any 
way you think fit ; if you had valued either your own or the 
Welfare of y® Government, your procedures had been more 
calme ; Your day is not yet out, & it is yet in your Power to 
follow the things that make for peace, & if you do not at 
your door lye the Consequence, Our friends will not Suffer 
us to be put upon. 

ffarewell 
May 16 One afternoon f Lewis Morris 

1699. 1 Geor. Willoks 

Ordered that One of the Members of this board be sent to 
desire a Conference with the House of Representatives there- 
upon. 

Accordingly Thomas Warne & the Clark of this Board 
were sent & the whole House of Representatives came before 
this Board, the Deputy Govern" represented to them that he 



270 NEW JERSEY COLONIAL DOCUMENTS. [1699 

had received a Letf from George Willoks & Lewis Morris 
which was read & the House of representatives desired time 
to peruse & consider of the Same which was sent them by 
John Royse. 

The said Lett"^ was returned to this Board by John Pike & 
Benjamin Burden members of the House of Representatives. 

A Message from the House of Representatives by Peter 
Van Este & Elias Mackeelson desiring that this Board would 
appoint Some of their Members to meet a Comittee of Seven 
of their house to come to Some resolution upon the said Letf, 
Accordingly Thomas Warne was sent by this Board to acquaint 
the House of Representatives that they were ready to meet the 
said Comittee in the Chamber where the Council was held, 
upon which Richard Hartshorne, Samuel Dennes, Samuel 
Walker, Benjamin Burden, John Pike, John Treat & Jediah 
Higgins came to meet the Members of this Board being 
Thomas Warne, John Royse & John Bishop, & thereupon 
the Deputy Govern'" withdrew 

The Deputy Govern"^ returning the Members of this Board 
who had met the Comittee acquainted this Board that they 
had agreed that an Act should be prepared to morrow to 
Suppress any Insurrection. 

Ordered that a writ of Inquiry be Issued out to the Sher- 
riff of the County of Monmouth to return a Jury upon the 
riot comitted at Woodbridge. 

Adjourned till 7 a Clock to morrow Morning. 

At a Council held &c the 17'^ of May. 

C The Deputy Govern"" 

Present I '^''^'' ^^^'^ . 

1 Cap*. John Bishop 

[Tho: Warne 

A Message from the House of Representatives to acquaint 

this Board that they had adjourned to two of the Clock & 

then this Board 

Adjourned till 2 a Clock 



1699] JOURNAL OF GOVERNOR AND COUNCIL. 271 

Post Meridiem. 
Present as above. 

Samuel Dennes, Sam" Walker, Jediah Higgins & Benjamin 
Burden were sent to this Board from the House of Representa- 
tives to acquaint this Board, that they had considered of the 
Letf Sent from Lewis Morris & George Willoks, but did 
wholy leave it to this Board & desired they would take Such 
measures as they Should Judge most conducive to the Welfare 
& Safety of the Province. 

A Message from the House of representatives to acquaint 
this Board that they had Adjourned till 8 to morrow morning 
<& then this Board 

Adjourned till 8 to morrow morning 

At a Council held &c y" 18"^ of May. 
r The Depty Govern"' 

Present } '^''^° ^""^'^ 
Present ^^ ^^^ ^^^^^ 

[^ Cap*. Jn°. Bishop 

A Message from the House of Representatives by John 

Barclay John Pike, John Williams & Crayne to 

desire a Conference with this Board in order to an Adjourn- 
ment 

M" Warne was sent from this Board to the House of Rep- 
resentatives to desire them to appoint a Comittee of the said 
House to conferr with the Depty Govern"" & Council upon the 
matter of the last Message. 

Thomas Warne returning acquainted the Board he had 
delivered the said Message. 

A Message by John Williams & Benjamin Burden from 
the House of representatives to desire that this Board would 
appoint Some of their members to meet the Said Comittee. 

The Deputy Govern"' told them they were ready to meet 
them immediatly. 

Richard Hartshorne, John Barclay, John Treat John Pike 



272 NEW JERSEY COLONIAL DOCUMENTS. [1699 

John Reid & M"" Harry man came before this Board : M' 
Royse acquainted them that the Dep'ty Govern'^ & Council 
had desired a Comittee to debate the matter of Adjournment 
with them Richard Hartshorne told this Board, that they 
had no order from the House to debate, & desired an Hours 
time to conferr with the House thereupon. He, John Barclay 
& John Reid withdrew. 

Richard Hartshorne John Barclay and John Reid return- 
ing from the House of Representatives the Depty Govern'" 
told them now they were met he desired to know the reasons 
of their proposing an Adjournment Richard Hartshorne told 
him that the House of Representatives differed in their Opin- 
ions concerning the money Act &c. 

After a long Debate and reasons given by this Board ag* 
the Adjournment, the Deputy Govern' desired the Comittee 
impartially to represent what Had been offered by this Board 
(in answer to their reasons) to the House of Representatives 
& that they might hear from them concerning the Same, This 
Board likewise told the Comittee that if there were any thing 
in the Act that wanted an Amendment they should consider of 
it, & this Board would consent thereunto if found reasonable 
& then the Comittee of y^ House of Representatives returned. 
Adjourned till 2 a Clock afternoon. 

Post Meridiem 
Present as above. 

A Message from the House of Representatives to acquaint 
this Board that they had Adjourned to 8 a Clock to morrow 
morning & then this Board 

Adjourned to 8 a Clock to morrow Morning. 

At a Council held &c y^ 19"" May. 

f The Depty Govern-^ 
j Tho. Warne 
1 Cap*. John Bishop 
l^ John Royse 



1699] JOUENAL OF GOVERNOR AND COUNCIL. 273 

This Board being informed that the Speaker & Several of 
y*^ Members of the House of Representatives had departed 
without giving notice thought fit to adjourn till further Occa- 
sion having heard nothing from them Since their Message of 
Adjournment last night, the Speaker went away early in the 
morning with Seven of the members of the House Johannes 
Stinmates * having acquainted the Depty Govern'^ & Council 
that he was advised by Some persons to go away with them 
& they would give him a Bond to secure him or save him 
harmless. 

Att a Council held at Perth Amboy for the province of 
East New Jersey June the 6"' 1699. 

Cap* Andrew Bowne Depty Govern^ 

Richard Hartshorne 

, Tho: Warne 
Present < t i ti 

j John Koyse 

I Cap^ John Bishop 

1^ Sam" Deunes 

Ordered that an ace' of all the transactions of the Assembly 
be drawn up & sent to the Proprietors in England. 

Ordered that Mr Gordon be sent for & bring with him a 
Letter from the Propr's directed to Coll Hamilton & Council 
&c in 8ber 1697 which was accordingly done the Dep*^ Govern' 
kept the Letf & gave Mr Gordon a receit for y'' Same. 

Ordered that Mr Gordon read the Govern'' Commission as 
recorded in the book of Records, which was done. 

Mr Gordon was ordered to bring his Coinission for attorney 
Generall in the afternoon, of which he was desired to leave a 
Copy, which was also done. 

At a Council &c June 7''' 1699. 

Present as above. 

A Letter being drawn up pursuant to the above ord'' & 
fairly ingrossed by the Clerk was Signed by the Council <fe 

*Son of Caspar Steinmets, who represented Bergen county in the first and second 
General Assemblies of New Jersey.— Winfield's Land Titles of Hudson County, 133, 

18 



274 NEW JERSEY COLONIAL DOCUMENTS. [1699 

delivered into the hands of Mr Royse to send by the first & 
best Conveyance to England. 

The Deputy Govern' took the Oath for observing the Acts 
of Trade & Navigation &g in form following viz*^ 

I Doe Solemnly Swear in the presence of Allmighty God 
that I will do my utmost that all clauses matters & things 
contained in the Several Acts of Parliament heretofore pass'd 
& now in force relating to trade & Navigation & also the Act 
for preventing frauds tfec made 7"' & 8"* William the third be 
punctually & bona fide observed according to the true intent 
& meaning of them & each of them respectively. So help 
me God. 

Mr Royse Mr Warne & 

M' Dennes present — 

Ordered that M"" Gordon draw Comissions of the peace for 
William Looker & Henry Norris in the room of Isaac 
Whitehead & Benjamin Price Jun"" for Elizabeth Town. 
Adjourned till further Occasion 

At a Council held at Perth Amboy for the Province of 
East New Jersey August the first 1699. 

( The Hon'ble Govern"^ Basse 
I Cap*. Andrew Bowne 
Present { Richard Hartshorne 
j John Royse 
^ Thomas Warne 

The Govern'' read several Memorials & papers relating to 
the Proprietors proceedings in England, about the Port of 
Perth Amboy which he had received from M"" Dockwra by 
Cap'. Jefferys. 

Ordered that a Letter be drawn up & sent to the Proprie- 
tors to give them an account of y*^ present State of Affairs. 

Ordered that the Council be Summoned to meet at Amboy 
the 22"* Instant on Earnest Occasion. 

Adjourned till 22 Instant. 



1699] 



JOURNAL OF GOVERNOR AND COUNCIL. 



275 



At a Council held at Perth Amboy for the Province of East 
New Jersey the 23"^ of Aug' 1699. 

'' The Hon'^ble Govern"" Basse 
Cap*. Andrew Bowne 
John Royse 
Present \ Cap'. William Lawrance 
Thomas Warne 
Richard Hartshorne 
Samuel Dennes 

THE GOVERNOUR communicated to the Council Some 
Letters he had received from England relating to our Port & 
Goverment. 

Ordered that the business of Woodbridge about the Kings 
store being robb'd be prosecuted with all Severity. 

Ordered that Nathaniel f'z Randal* high Sherriff of the 
Oounty of Middx be sent for to attend this Board to shew 
reason why the Proclamation against the Scots at Caledonia f 
is not published, which was accordingly done. 

Ordered that the Messenger of this Board be sent for Mr 
Gordon the Atturney Generall to draw up a Proclamation re- 
quiring all persons to seize & Secure Cap' Kids men if found 
within the Province & forbiding any to assist or entertain 
them, pursuant to an Order from Whitehall of ye 23'^ of 
November 1698. 

Adjourned till 8 to morrow Morning. 

At A Council held &c the 24"^ Aug' 1699 

The Hon^'ble the Govern"" 
Cap'. Andrew Bowne 
John Royse 
Cap'. John Bishop 
Richard Hartshorne 
Samuel Dennes 
Cap*. William Lawrance 
Thomas Warne 



Present \ 



* Fitz Randolph. 

tN. J. Archives, II., 272, 297. "Caledonia" was the unfortunate settlement 
attempted by the Scotch at Darien.— N. Y. Col. Docs., IV., 513, 556, 595, 711. 



276 NEW JERSEY COLONIAL DOCUMENTS. [1700 

The Question being put whether M" Gordon was a fit person 
to be made use of as Attorney General 1 in the case of Morris 
& Willoks upon tryall at the next Court of Comon right 
'twas carried in y'^ Negative & resolved Another person be 
employed to prosecute for the King in that behalf. 

The Letter ordered to be Sent to the Proprietors was drawn 
up & fairly ingrossed by the Clark & order'd to be sent by 
the first ship under a Cover to S"^ Thomas Lane. 
Adjourned till further Qccasion 

At a Councill held at Perth Amboy for the province of 
East New Jersey 23'^ Apprill i700. 

Governour Hamilton * 

Sam" Dennes 

John Bishop 

Sam" Leonard . 

Sam" Hale "^ ^ ^°"°^^" *^ 



Present 



William Sandford > 
^ Benjamin Griffith J 



The Governour & all y*" members of this board & Thomas 
Gordon the Clerk of this board took y^ usuall oaths appointed 
by Law &c. 

The Gover"" produced here a Letter from Esq"^ Pinhorn 
another of Members of y'' Councill of this Province wherein 
he desires his absence may be Excused having been 111 for 
some weeks past. 

This Board having been Informed that some of y® people 
of Elizabeth Town & Piscataway are sending home petitions 
agst y" Goverment &c. It is Resolved by this board that y^ 
Councill writt to y® proprietors on y' subject and a Letter 
was written Read & approved of & signed accordingly. 

Aggreed & Ordered y* writts be Issued out to such Town- 
ships as have not Chosen Representatives according to y*^ Late 
act of generall Assembly. 

* Commissioned Governor August 19, 1699. His Commission as Governor of ^Yest 
Jersey is given in N. J. Archives, II., 301. 



1700] JOURNAL OF GOVERNOR AND COUNCIL. 277 

Aggreed & Ordered y* proclamations be Issued out to Con- 
veen y" generall assembly on y*" Last thursday of may Next 
according to sd act of gen" assembly. 

Aggreed y* y^ Court of Common Right be adjourned to y** 
2^ tuesday in Junn next 

Charles Goodman Esq"" Came before this board and took 
y" oaths appointed by Act of parlament in place of y*" oaths 
of alleidgeance & supremacie & an oath to be true & faithfull 
in y** Execution & discharge of y* office of Collector of his 
Maj"^'^ Customs in y" province of East New Jersey according 
to his Coinssn & Instructions &c. 

Adjourned till further occasion 

Att A Council! held for y^ province of East New Jersey at 
Perth-Amboy y*^ 30"' day of May anno Dofn : i700. 

Gover"^ Hamilton ^ 

William Pinhon I 

Sam" Leonard [ n ^ r^ ■^^ 

Present -{ „t.,i- o ji^ j r oi y Councill 
I William Sandford -^ 

I Sam" Hale 

l^ Benjamin Griffith 

William Pinhorn one of y*' members of this board took y* 
usuall oaths appointed by Law &c. 

The Hon"^ Coll" Andrew Hamilton Governour of this pro- 
vince did before this board take y^ Oaths by vertue of a 
Dedimus potestatem under y^ broad Seal of England bearing 
date y^ 30'^ day of apprill in y^ 9'^'' year of his present 
Maj"'^ Reign appointed to be taken by y^ several! acts of 
parlament of England &c. 

The house of Representatives being meet they Came before 
this board and Cap* Andrew Bowne said that in obedience to 
his Ho'" the Governours proclamation they were Come here 
■& further said y' at y*" -desire of y*^ Rest he was desired to 
ask his Ho ; y*" Gover"" to know by what authoritie he acted as 
Governour & y* he had nothing more in Charge save y' one 



278 NEW JERSEY COLONIAL DOCUMENTS. [1700 

question Then his ho ; y^ Gover"" Answered y' true it was y' 
it had been usuall for y'' House of Representatives To desire 
a seight of y® Gover" Commission & if y* was what they 
desired they should be satisfied & accordingly y® Gover''* 
Commission was Read and then y" Gover' gave them a 
full account of all y* Steps y' had been made towards an 
approbation &c and after some debate they did all with 
draw &c 

Adjourned till further occasion 

Att A Council held at Perth Amboy 15*'' August 1700. 

f Gover'' Hamilton 

I Sam" Dennes ^ 

Present -l Sam" Leonard i n . r^ -n 
: -r 1 r.- , y or y* Councili 

John Uishop j 

(^ Benj\ Griffith j 

His Ho; y*' Gover"^ proposed to this board y' for prevent- 
ing tumults & disorders within this province for y^ future a 
proclamation may be drawn up & published &c. 

Ordered y' a proclamation be forth with drawn up forbid- 
ding all his ma:'-^^ good subjects to hold any tumultuous or 
seditious or unlawfull assemblyes or meetings within this 
province & Commanding all Magistrates & officers to sup- 
press all such & Commanding and Requiring all his Ma:'^* 
Leidge Subjects to be aiding & assisting in suppressing y* 
same &c. which prpclamation was accordingly drawn up Read 
and approved of by this board & ordered to be published in 
Every town within this province & a Copie thereof to be 
affixed upon y*' most publick place in Every of y*" s** towns in 
and through out the province &c. 

Adjourned till further Order. 



1701] 



JOURNAL OF GOVERNOR AND COUNCIL. 



279 



Att A Councill held at Perth-Amboy for y' province of 
East New Jersey 20"' Dece'r anno Dom : i700. 

( Govei'" Hamilton 
I Sam" Dennes ^ 
Present { John Bishop j . ^ .„ 

I Sam" Hale \ ^^ ^^ ^^^°^^" 

(^ Benjamin Griffith J 

Aggreed & Ordered y' a petition be drawn by this board 
to y^ Kings Most Excellent Maj"* which was accordingly don 
& being Eead here was approved of & signed by this board. 

George Willoks Came before this board and Exhibited an 
Information against William Dockwra Esq' Cheife Secretary 
& Register of this province as an unjust and Corrupt Man & 
unfitt for an office of so great trust and desired this board 
would be pleased to appoint him atime to hear him prove the 
sd Charge. The sd Information being read before this board 
aggreed & ordered that y" said George Willoks do appear 
before this board on the third tuesday in march next to prove 
& make good his sd Information & Charge agst sd w"" Dock- 
wra and also aggreed & ordered y' in y^ mean time Thomas 
Gordon present Deputy Sec'ry & Reg'r Do Safely keep all y* 
Records & papers belonging to y® sd office & not deliver them 
to y' sd W" Dockwra nor to any other by his order untill fur- 
ther order of this board. 

Adjourned till y® 3*" tuesday in March next * 

At A Council held at Perth Amboy for the Province of 
East New Jersey upon the 17"" Day of June Anno Dini 1701. 

Coll': Andrew Hamilton Gover"^ 
William Pinhorne 
Samuel Dennis 
Samuel Leonard 

John Bishop )" of y^ Councill 

Samuel Hale 
William Sandford 
^ Benjamin Griffith 

* No meeting was held in March. See page 283, post. 



Present 



280 NEW JERSEY COLONIAL DOCUMENTS. [1701 

Cap' Andrew Bowne came before this board and acquainted 
the Governour, that he had a Commission from the proprie- 
tors in England to be Governour of this Province of East 
New Jersey * The Governour acquainted him that he had a 
Letter from the Proprietors residing in this Province & Neigh- 
bourhood, whereby they desired to be present at the opening 
of the Commission And they were accordingly called in. 

David Lyal one of the Proprietors Acquainted this Board, 
that he had seen said Bownes Comission a few dayes before, 
and that he perceived it was Defective as not being signed by 
so many hands as make a Majority even of the Proprietors 
that reside in and about London, that he therefore had good 
reason to Suspect it to be Surreptitious & without the knowl- 
edge of the other Proprietors, and that it was a juggle put 
upon most of those unwary Proprietors that signed this 
Commission by one Salter, that he had acquainted his fellow 
Proprietors residing in this Province of it, & that they had 
formed a protest against it under their hands which he gave 
in at the Table, and desired in behalf of himself and the rest 
his Fellow Proprietors, that the same might be read and 
Entred, which was read accordingly 

Cap' Bowne desired a Copy of the Protest which was 
ordered to be given him. 

The Governour told Cap' Bowne that he had heard y*^ 
Protest read, & desired to know what he had to answer to it. 

He Replyed he would answer no Questions, If the Pro- 
prietors in England had sent him a lame Commission let 
them see to it, But that he was resolved to publish it. 

The Governour told him that, as the Government of the 
Jerseys was not so desirable a thing as to be Courted, yet that 
since the Commission appeared Insufficient for said Bowne to 
act by, he could not warrantably surrender it, which would be 
to leave the people without Government, & by Consequence to 
fall into disorder & Confusion. 

That he had received lately a Letter from M"" Secretary Ver- 
non (which was produced at the Board) Signifying the Kings 

*See N. J. Archives, II., 385, 416. 



i 



1701] 



JOURNAL, OF GOVERNOR AND COUNCIL. 



281 



Pleasure, that he should know of the Motion of a French 
Squadron of Men of Warr, bound for the Spanish West 
Indies, & that he take all Necessary care for the defence of the 
Provinces under his Command in Case of any Attempt to be 
made upon them. That if he surrendered the Government, He 
was disabled of Executing the Kings Commands by the 
Secretary of State, & that Cap' Bowne was not qualified by 
this defective Commission to execute them, That since the 
Publication of this Commission (Though he did not apprehend 
it would supersede his Commission, Since no Commission 
could supersede his, but such a one as was Sufficient to Act by) 
might be a handle to licentious people to cavil at, he advised 
him not to publish it. Notwithstanding the said Cap': Bowne 
went out & Said he was resolved to publish his Commission 
The Governour and Councel went also out, & the Governour 
protested against the publication of it, & if he would pretend 
to publish it he would declare it a Riot, Said Bowne bid him 
punish him then. The Governour Replyed he questioned not 
to find a Time to do it, tho he now valued himself upon the 
Mobb at his heels. The said Bowne caused read off his Com- 
The Gover"" & Council went away. 
Adjourned till to Morrow Morning. 



mission. 



At a Council held at Perth Amboy for the Province of East 
New Jersey upon the 18"" day of June Anno Domini 1701 



Present { 



Collonel Andrew Hamilton Governour 
William Pinhorne 
Samuel Dennis 
Samuel Leonard 

John Bishop ')■ of the Council. 

Samuel Hale 
William Sandford 
^ Benjamin Griffith 

Ordered that Proclamations be Issued out to Acquaint the 
People of Cap' Bownes Defective Commission, that no body 



282 NEW JERSEY COLONIAL DOCUMENTS. [1701 

pay Obedience thereto. That the Governour would still Con- 
tinue his care over them and Commanding them to have 
their Arms fixt and ammunition provided, that they may be 
in a Posture of Defence (in Obedience to his Majestie's Com- 
mands Signified to the Governour by M'^ Secretary Vernon) 
In Case of any Descent &c, which were accordingly Drawn 
and signed by the Governour under the Seal of y^ Province, 
& sent to the Several Counties to be forthwith published. 

ORDERED That A Letter be written to the Proprietors 
in England Acquainting them of the Reason why they advised 
the Governour against Surrendring Surrendring [sic] the Gov- 
ernment, viz': that the Commission appeared defective, & that 
several of them selves had heard M"^ Roysse & M'" Walkker say 
they did not value Cap* Bownes Commission of a Farthing, or 
such like words but that it answered their End, if it superseded 
ColP Hamiltons, by which in probability it appeared that the 
use of the Commission to Cap* Bowne, was only to supersede 
ColP Hamiltons, & then to throw up his own Commission as 
defective & to lodge the Goverment in the People, for want 
of necessary powers from the proprietors in the Province to 
appoint a Governour 

Ordered that the protest which was yesterday given in by 
the Proprietors, residing in and about this Province, & Read 
before this Board against Cap* Bownes Commission &c Be 
entred by the Secretary upon the publick Records of this 
Province &c 

Adjourned till further Occasion 

Att A Councill held at Perth-Amboy for y® Province of 
East New Jersey y^ 12**" of August Anno Doiii: i70i 

Col" Andrew Hamilton Gover"^ 
Sam" Deunes ^ 



Sam" Leonard 
'] John Bishop 
! Sam" Hale 
[ Benj : Griffith j 



of y* Councill &c 



1701] JOURNAL OF GOVERNOR AND COUNCIL. 283 

The Gover'' Informed this board y* he had Rece'd a Letter 
from England Signed by w"" Dockwra Thomas Cooper Tho : 
Hart Tho : Barker Clem' Plumstead & Peter Sonmans dated 
27'^ March last ■w'''' was now read before this board & to 
which an Answer was written & signed by y^ members of 
this board. 

A Petition by George Willoks was read here praying y* 
seeing y® Councill did not meet in March last according to an 
Order made in Decer"^ preceeding to hear him make good his 
Information Against M"" Dockwra y' this board would now 
please to appoint a time to hear him make good his sd Charge 
ag'st sd Dockwra ; Ordered y* M"" Willoks do appear to mor- 
row morning before this board in order to be heard Concern- 
ing sd Information & y' y"* Clerk of this board do give him 
notice thereof 

Adjourned till to morow morning 

Att a Councill held at Perth-Amboy for y® sd Province of 
East New Jersey y*" 13"' August anno Doin : i70i 

ColP^ Andrew Hamilton Gover'' 



Present < 



It being moved to this board y' Severall of y'' proprietors 
of this Province being in town desired to be present Att y^ 
hearing of M'' Willoks make good his Charge & Information 
Agst M'' Dockwra being they are very much Conserned in 
sd business w"'' was Consented to & they were Called in ac- 
cordingly 

M"" Willoks being Called appeared & his Information agst 
M'' Dockwra being read as followeth. 



Sara^^ Dennes 


1 


Sam" Leonard 


1 


John Bishop 


} Of y« Councill &c 


Sam" Hale 




Benj=' Griffith 


^ 



"284 NEW JERSEY COLONIAL DOCUMENTS. [1701 

Province of 1 To the Hon''^® Coll : Hamilton Governour 

East New Jersey j & Councill of sd Province 

The Information of George Willoks 

Humbly Sheweth 

That the proprietors of sd province Residing in & about 
London by Commission under their hands and provinciall 
Seal have Constituted William Dockwra of sd London Merch' 
Sec'ry & Reg'r"" of the aforesd province of East New Jersey 
as may appear by y*^ publick Records of y" Same 

And y® sd office of Secr'y & Reg'" being a place of great 
trust to whose Custodie y^ publick Seal, Books of Records, 
Laws, Instruments, Charters, Patents, Wills, Testaments, 
Deeds, & writtings whatsoever touching and Concerning y^ 
province in Generall the propr's planters & Inhabitants of y^ 
Same & others in particular. 

And whereas y" publick welfeare of y^ sd province as well 
as of private persons Concerned in ye Same very much de- 
pend upon y* faithfull discharge of y^ office of Secr'y & Rg'r 
■& on y* Contrarie by means Contrivance assistance aid Con- 
nivence Or permission of wicked Corrupt Covetous Malitious 
Or mercinarie Officer in y' place may tend to y*^ hurt & dis- 
honour of the Goverm' & to y*^ lose detriment or utter ruin of 
private persons 

And whereas y® sd w™ Dockwra is a person of Evill fame 
■& hath perpetrated divers unjust & wicked actions & lyeth 
under no ty or Restraint to obleidge him to a faithfull dis- 
charge of y'' Trust reposed in him and probably may Embrace 
any opportunity whereby he may attain his Covetous Corrupt 
or Malitious ends Either by himself or Deputy to Raze viciate 
fjilssifie withdraw or destroy the publick Records Instruments 
or writtings Committed to his Charge & leave those so Injured 
w%ut hopes of any futur Remedie. For preventing of w*"'' 
y* sd George Willoks doth Informe your Hon" y* sd w"' 
Dockwra is Guilty of y* Enormous actions underwritten 



1701] JOURNAL OP GOVEENOR AND COUNCIL. 285' 

1*^ Hath sent an Instrument under y^ seal of y" sd province 
signed only by himself as Agent that whatever orders & In- 
structions should be sent from him under y^ sd seal signed as 
aforesd should be as authentick orders to y® Gover"^ &c here- 
as if signed by y*^ major part of all y*^ propr's of sd province. 

2*^ Hath under his hand & seal aforesd Imposed grivous- 
mulcts fynes or amercements (after a most arbitrary manner 
w^'out any tryall hearing of partyes or Legall Conviction of 
any Crime Committed) upon Gent"* Estats in sd province. 

« 

3*^ Hath under his hand and seal aforesd sent orders & 
Instructions to y^ Gover'' &g appointed & Constituted by sd 
propr's &c. for unjust & unequall dividends of land dispro- 
portionable to the Interests of those Conserned. 

4"^ Hath under his hand & seal aforesd sent orders <& In- 
structions to y^ Gover"^ to Call in patents divest persons of 
their Estates & to deface y^ publick Records. 

S"* Hath under his hand & seal aforesd sent Instructions 
& orders to y^ Gover"" &c to Insert -into particular grants or 
patents unjust Clauses for makeing voyd y^ Estates of y" 
Grantees. 

6**" Hath under his hand & seal aforesd sent orders & In- 
structions to y* Gover'" &c prohibiting to grant land to some 
propr's of sd prov. according to their proportions notwith- 
standing they were sufficiently Entitled by Law to Demand 
y" Same. 

7'^ The sd Dockwra hath out ©f a wicked & Corrupt de- 
sign refused to do justice himself & hath obstructed others 
till y" party Injured was under a necessity to brib him before 
his bussinese Could be accomplished. 

S**" The sd Dockwra hath for his self Ends ordered his 
agent or Servant (tho sufficiently plain to be understood but 
in Indirect words) to Corrupt y' Surveyor of this province. 



286 NEW JERSEY COLONIAL DOCUMENTS. [1701 

9"" It hath been y^ practice of sd Dockwra to alter y*" 
minutts of sd propr's after aggreed on by them at their meet- 
ings and afterwards Endeavor to obtrud his aherations on 
them. 

10"" The sd Dockwra w"' a wicked & malitious design 
w"'out ye propr's orders Consent or privity hath written in y* 
sd propr's minat book Shamful opprobrius and scandalous 
lyball agst one of his fellow propr's to Leave an odium to 
posterity upon y® Reputation of his Just opposer. 

The sd George Willoks prayes yo" hon" will take the pre- 
misses into Consideration and to Assigne y*^ Informer a time 
to prove his Charge Exhibited w*''' if made good agst y® sd 
w™ Dockwra y" sd Willoks further prayes y"" hon" will take 
such proper & Requisite measures for y*' publick welfear 
honour Reputation & peace of y* Goverment & y" Security 
of all private persons Conserned as in ye"" wisdoms shall be 
thought fitt. 

All w'"" is humbly Submitted to yo"^ Hon''^ ; 
September 20"^ P^ Geo : Willoks 

1700 I 

^V Willoks to prove y" first article produced an Instrument 
under y" Seal of y** province and Signed by order of y*^ propr's 
Will™ Dockwra Agent being a true Copie of y*" originall bear- 
ing date of 29*'' apprill 1686, purporting as in sd article is set 
forth but no names of y^ propr's y' signed sd order is therein 
Recited. 

To prove y^ 2^* article M' Willoks produced an lustrum' 
under y" Seal of y*' sd province & Signed by order of y* 
propr's in London Will : Dockwra Agent bearing date Elev- 
enth Janr'y anno Dom : 1686 a paragraph of w"^^*" is as follow- 
eth. " Provided alwayes nevertheless y* for y® thousand acres 
" of Land at Chengaroras taken by Gawen Lawrie there be 
^' three thousand taken off from his share of the first division 
*' of tenn thousand to a whole propriety & for the thousand 



1701] JOURNAL OP GOVERNOR AND COUNCIL. 287 

*' acres taken there by Thomas Rudyard there be four thou- 
" sand taken off & discounted from his Share as aforesd 
" according to y^ propr's Order of y* 3*^ July i685, yv"^ shall 
" be an Effectuall discharge for so much in part of their sev- 
" erall & Respective Interest in y^ first division appointed as 
"abovesd, and in another paragraph But tb non y' holds 
" under a forth part of a propriety is this privilege to be 
" allowed of haveing land layd out to them w"' out setling 
" families thereon. 

To prove y' S'^ article M' Willoks produced y* abovesd In- 
strument bearing date y'^ Eleventh Janr'y 1686 a paragraph 
of w"*" is as followeth "And they do hereby order & appoint 
" y^ after such lands are set out & patented as are already 
" directed p"^ thpir former orders, (whither Generall or Speciall 
" to Sundry persons who have stock & servants already in y* 
" sd province That then they Cause to be set out & patented 
" to Robert Barclay of Ury Esq" y® Gover"" as much land as 
" he shall want to make up his first dividend of ten thousand 
" acres for himself or any other y' is or shall be Conserned 
" under him in y*" propriety. 

To prove y® 4"" article M" Willoks produced an Instrument 
under y* Seal of sd province Signed by order of y" propr's 
Will Dockwra Agent dated 14*" Sept" Anno Doiu : 1686. The 
purport of w'^'' is, That where any prop" or sharer in a pro- 
priety has taken up land Exceeding 2000 acres to a whole 
propriety & so pro rata to Sharers in a propriety according 
to some former Instructions then & in y* Case the sd Instru- 
ment doth order & appoint The Deputy Cover" & Councill of 
propr's y' y^ overplus shall Immediately be taken away y" 
patents Called in to be Surrendered and are thereby declared 
null & voyd to all Intents Constructions & purposes & new 
patents to be granted for y* same to others w"" a non ostante 
to any other former patents w"" w'"" if y^ party Conserned do 
not Comply they shall be totally divested of y^ whole tracts 
of land mentioned in sd patents & y® same given to others 
And then followes this paragraph "And the proprietors Do 
" hereby further order that the Record or Registry of Every 



288 NEW JERSEY COLONIAL, DOCUMENTS. [1701 

" Such Irregular & Illegall patent be forthwith Defaced in 
" the books of Registry so soon as any second patent be past 
" in pursuance to this order. 

To prove y" 5"' article M" Willoks produced an Instrument 
under y* province seal & signed order of y° propr's w" Dock- 
wra Agent dated y" 15"' Septi'' 1686, a paragraph of w''^' is as 
followeth "And that a Clause be Inserted in y" patent to y^ 
" purpose following viz' In Case y* sd Kildin or his family 
" Do not Come into East Jersey before y*^ month of Dec'er 
" 1687 y"* sd patent to be null and void as if it never had 
" been & y^ land to be disposed of to any other proprietor 
"any order Instruction or Instrument to y* Contrary of any 
" part of the premisses in any AYise notwithstanding. Also 
another Instrument, Signed & sealed as aforesd dated 21"" 
Junn 1687 to the Same purpose Concerning Sam" Stancleife 
of London &c. 

To prove y'^ 6"" Article M' Willoks produced one of y'= 
abovesd Instruments signed & sealed as abovesd dated 11"' 
Janr'y i686, a paragraph of vi"^ is as followeth "All proprie- 
" tors or Sharers in a proprietie Whatsoever who owe any 
" money to y'' publick stock for y' Resj^ective rates layd on 
" Every propriety here in London towards defraying y® pub- 
" lick Charges of y*" bussinese of y*' province shall be barred 
" & Excluded from having any Land &c." 

To prove y^ 7'^ article M'' Willoks produced y® affidavits of 
himself & Thomas Gordon taken before the Members of this- 
board viz : 

East New Jersey By y^ Grover'^ & Councill 

George AVilloks of y® sd province aged about forty years^ 
being Sworn upon y** holy Evangelists of Almighty God 
Saith That y* s*^ Deponent in y* year 1696., or thereabouts did 
make application to y^ Gover"" & Councill of propr's in s*^ pro- 
vince Concerning a tract of Land y' y*^ sd Willoks held by 
mean Conveyances from Gawine Lawrie decs'd w''' sd tract of 
Land was layd out by y® Surveyors of sd province to sd Lawrie 



1701] JOURNAL OF GOVERNOR AND COUNCIL. 289 

for iOOO acres but Either through mistake or Ignorance of y® 
Surveyors was found upon a Resurvey to Contain (to y^ best 
of y* deponents knowledge) but about 300 acres & ye sd De- 
ponent prayed y* Gover"" & Councill aforesd would make up y*^ 
Deponents quantity of iOOO acres out of y*^ adjacent Land but 
ye Gover' & Councill was unwilling to grant the Depon't his 
quantity out of y** adjacent land some of y^ proprs in Eng- 
land Having a pretention to y'' same^ & y*' Gover'' advised y*^ 
Deponent since he was bound for England to address y® 
proprs there & accordingly writt to y*^ propr's Concerning 
y* same upon y^ sd George Willoks arrivall in England he 
applyed himself to y^ propr's there seting forth y® Equity of 
his Demand & the great Charge y* had been Expended upon 
Improving y^ aforesd tract of Land w*^*" would be an Extra- 
ordinary loss to y^ Depon't unlese y® propr's would make up 
his Complement out of y* adjacent land and y^ Deponent urged 
y' by Councill learned in y* Law was advised his grant would 
Entitle him y* full quantity of iOOO acres notwithstanding of 
^eh ye Deponent was opposed by w" Dockwra of London 
Seer'' & Regr"" of sd province & y*' y^ Deponent Spoke to y^ sd 
Dockwra in private & urged y° Equity of his Case & y^ great 
loss it would be to him if his Complement were not made up 
as aforesd y*^ sd Dockwra gave y" Deponent to understand y* 
y*^ Deponent had a tract of Land upon y^ Rariton & milston 
Rivers in sd East Jersey adjoyning to land of sd Dockwra y* 
y^ sd Dockwra was very desirous to have w'''' y^ sd Willoks 
perceiveing & y* w%ut y^ Deponent should gratifie his Cove- 
tous desire y'' sd Dockwra would obstruct his just demands 
told y^ sd Wm Dockwra -y' providing he would gett him y® 
adjacent land aforesd layd out to y® Deponents satisfaction he 
would give y® sd Dockwra y'' sd 850 acres of Land w''' y*^ sd 
Dockwra willingly Embraced & in a feew dayes after y*^ sd 
Dockwra sent for y^ Deponent & had a paper written purport- 
ing y' on Condition of his Endeavors to have y° Deponents 
Complement of Land made up as aforesd y^ sd Deponent 
should make a Conveyance of y" 850 acres of land aforesd to 
sd Dockwra w'^ y* Deponent refused to signe but told him 

19 



290 NEW JERSEY COLONIAL DOCUMENTS. [1701 

y' he would performe what he had promised after w"** w'^'' 
great facility y^ Deponent obtained his desire & when the 
deponent signed y*^ deeds for sd 850 acres of land y" sd Dock- 
wra urged to have a receipt from y® Deponent for 150 pounds 
as the Consideration of s"* 850 Acres of Land w"'' y*" depon- 
ent positively refused & would only sign a Receipt for five 
Shillings but never received any Consideration for y'^ Same 
but what is above written. And the Deponent further saith 
y* y* sd Dockwra at Sundry times when y^ Deponent was in 
England after y* propr's aforesd had aggreed upon Sun- 
dry matters and things & y^ same minutted down y' y* 
sd Dockwra used to alter add or deminish from sd minutts 
as he thought fitt & Endeavour to Obtrude y" Same at 
next meeting with his alterations upon y* sd propr's And 
Lastly y* sd Deponent Saith y* y* sd Dockwra wrott in y'^ 
sd propr's minutt book (wherein they Entred divers publick 
transactions) Secretly a most Scandalous Lybell against Joseph 
Ormston one of the propr's aforesd because he generally found 
fault w"' y** actings of sd Dockwra w*'"' ye sd Ormston in pres- 
ence of y* Deponent did Sharply reprove y* sd Dockwra for & 
did tear y* Same out of y* book aforesd & further y® Deponent 

saith not 

Geo: Willoks. 

Jurat : i3" Die Augusti anno DoiS : i70i Coram 

And: Hamilton. 
Sam" Dennes. 
John Bishop 
Sam" Leonard. 
Sam" Hale. 

East New Jersey By y'' Cover" & Councill of sd Province 

Thomas Gordon Aged about 47 years maketh oath y* he 
was present at London w"' w"' Dockwra & Geo: Willoks 
when sd Dockwra desired sd Willoks to sign a receipt & dis- 
charge for 150"* as Consideration money of 850 acres of Land 



1701] JOURNAL OF GOVERNOR AND COUNCIL. 291 

made over by sd Willoks to sd Dockwra w"*" m"" Willoks 
refused to Do becaus he sd he had never rece'd a farthing 
from sd Dockwra & further told sd Dockwra you know you 
had it on another acc'pt (or words to y' purpose) & then the 
sd Willoks & his wife signed a receipt to sd Dockwra for 5 
Shillings w""" other acc'pt I believe by what I have heard 
from sd Dockwra & Willocks was a brib to said Dockwra to 
get his land made up at Chesquacks &c by y* propr's in 
England w"*" sd Dockwra obstructed untill sd Willocks gave 
him sd land at milston river &c. sd Thomas Gordon doth 
further make oath y' when sd Gordon was in England sd 
Dockwra did alter the minutts of ye propr's orders Concern- 
ing their Instructions to Gover"" Basse &c & y' sd Dockwra 
did Insert in y" propr's minut book a Shamfull opproprious 
Story Conserning M' Ormston laying a wadger with him &c 
which was Afterwards torn out of y® minutt book &c. & 
further Saith not 

Jurat 13" die augusti anno Doni: i70i. Coram. 

And: Hamilton 
Sam^^ Dennes 
Sam^ Leonard 
Sam" Hale 
John Bishop 
Benjamin Griffith 

To prove y* 8th article M"" Willoks produced a letter to 
John Canington dated 11'^ Nover' 1690 Signed Will : Dock- 
wra a paragraph of w"'' is as followeth "Above all y' you 
" Joyn on all occasions w**" such other friends y' may assist & 
" give their advice about getting out orders for all y* remain- 
" ing land y*" is due to me & in Cheife good tracts and that the 
" Surveyor be made a fast friend. 

To prove y' 9'" & 10*'' articles M' Willoks produced y' affi- 
davitts of Thomas Gordon & himself taken before this board 
as is above written. 

Then all persons who were not members of this board were 



292 NEW JERSEY COLONIAL DOCUMENTS. [1701 

ordered To withdraw. And upon Mature Considratiou of y^ 
premisses It is y® Opinion of this board that M" Willoks has 
made good y* Severall articles of his Charge Against sd 
W™ Dockwra partly by Instruments under his hand & 
Seal of y® province & partly by oath of wittnesses. Ordered 
that y^ Clerk of this board do draw up a Copie of y® abovesd 
Information & Charge agst sd Dockwra & y* prooff of Every 
article at Large w**" all Convenient Speed to be sent to 
y" propr's in England under y® province Seal &c. that said Mr 
Dockwra may have opportunity to make his defence &c. 
A petition was presented & Read before this board from 
y^ propr's Residing in and about this province 
Xote yt this pe- praying that seeing it appears y* M"" Dockwra 
tition was Sign- j^ ^ ^^^ ^^^ ^^^ ^or SO great^ a trust y' this 
ed by o J 

Kobt Burnett board would suspend him from his oflfice of 
David Lyell Chiefe Secretary & Reg'r'' & from y" perqui- 
Miles Forster gjtts & profitts thereof untill y' propr's in 

10 : arne England be acq uainted & their minds known 
John Johnston , . , . . 

John Barclay therein and y' m y^ mean time he y shall be 

put into sd office may be obleidged to find 
security for his faithfull discharge of sd office. In answer to 
w"*" petition it is y^ opinion of this board y' if y" Instrument 
v;"^ was produced under y^ hand of sd Dockwra & Seal of y* 
province be genuin; there Can remain no doubt of y® Reason- 
ableness, of Suspending him thereby directing y* Records to be 
defaced; yet being willing to give him an opportunity to make 
his defence wee have forborn Suspending him Recomending 
to y® propr's in England y* unless he make appear y' y'^ sd 
Instrument dated y* 14"' Septr 1686, be fictitious & false they 
dismiss him of y^ sd office of Secr'y & Reg'r The Estates of 
the Inhabitants & others Conserned being very precarious 
under y* Custodie of a person Who has made so unjustifiable 
a step. And in y^ mean time; Ordered, that the Records of all 
publick papers & Instruments, be keept in ye Custodie of 
Thomas Gordon, y'' present Deput Secretary, untill y* sd 
Dockwra acquitt himself of y" above Charge. 

Adjourned till further Occasion. 



1703] JOURNAL OF GOVERNOR AND COUNCIL. 293 

Att A Councill held at Perth-Amboy for y® sd province of 
East New Jersey y* 29th of Aprill anno Dom. 1703. 

Lewis Morris pr^ ^ 

W" Pinhorn 

Sam" Dennis n ^ 

P^^«^°^ ] John Bishop [ ^^ y' ^^^°^^^^ 

I W^Sandford | 

t Sam" Hale j 

Ordered y* a Letter be written to his Excellencie Lord 
Cornbury Gover'' of new york acquaintting him w'^ y^ death 
of Co" Hamilton Late Governour of this province &c. which 
was accordingly done & being Read here was approved of & 
Signed by this board &c as followeth Viz. 

May it please your Excellencie 

To y^ great greife of us & of y^ better part of this province 
it Pleased Almighty God to take to himself Our Late Worthy 
Governour Co" Andrew Hamilton who departed this life On 
ye 26*'' of this Instant A person whose good Charrecter is not 
unknown to your Excellencie. Wee being of y'^ Councill of 
this province do (as in duty bound) humbly Represent the 
same to your Excellencie Hoping y' your Excellencies favour- 
able assistance & support for y® preservation of the publick 
peace will not be wanting to us uutill your Excellencies Com- 
mission do arrive which wee do heartily desire may be Spediely. 
Your Excellencies prudent administration in your Government 
of New-york giveing us assurance of happiness under your 
Excellencies Conduct. 

Wee are 
May it please your Excellencie 

Your Excellencies most obedient Servants 

Lewis Morris Pr'. 
W™ Pinhorn. 
East New Jersey Sam" Dennes. 

Perth-Amboy 29"^ Aprill 1703. John Bishop. 

W™ Sandford. 
Sam" Hale. 



294 NEW JERSEY COLONIAL DOCUMENTS. [1703 

For his Excellencie Edward Lord Viscount Cornbury Gover- 

nour of Her Maj"^' province of New-York and Depend- 

ancies. 

Adjourned till further Occasion 



[Note, by the Editors. — Here ends the " Record of the Governor and 
Council," under the Proprietary Government.] 



[APPENDIX.] 

[Note, by the Editors. — The following forms of oaths of allegiance and 
supremacy, some subscribed to, and some not, are entered in the back part 
of the manuscript volume containing the foregoing Journal or Record of 
the Governor and Council.] 

The Declaration of fidelity & Subscribtion on as profession 
of the Christian Beliefe to be Subscribed by Dissenters con- 
sonant to the Statute : Prim : Gul : & Mar : 

» 
I A B Do sincerely Promise & Sollemnly Declare before 

God and the world that I will be true & faithfull to Kinge 

William. And I doe Sollemnly Profess & Declare that I 

doe from my heart detest & abhor & Renounce as impious & 

Heriticall that Damnable Doctrine & Position That Princes 

Excommunicated or deprived by the Pope or any authority 

of the sea of Rome may be Deposed or marthered by their 

Subjects or any other Whatsoever & I doe Declare that no 

foreigne Power prince person Prelate State or Potentate hath 

or ought to have any Power Jurisdiction Superiority Preem- 

menence or authority Eclesiasticall or Spirituall within this 

Realm. 

I A B Profess faith in God the father and in Jesus Christ 
his Eternall son the true God and the holy Spirit one God 
blessed for Evermore & I doe Acknowledg the Scriptures of 
the ould & new Testament to be given by Devine Insperation. 

The forme of the Declaration directed by The Statut 30"* 
Car 2^ Cap 1*' To be Subscribed by all Peers or members of 
the house of Lords & members of the house of Commons 
before they voate in any of the saide houses : 

I A B doe Sollemnly & sincerely in the presence of God 
profes testify & declare that I doe believe that in the Sacra- 
ment of the Lords Supper thear is not any transubstantion 



296 NEW JERSEY COLONIA.L DOCUMENTS. [1703 

of the elements of bread & wine into the body & blood of 
Christ at or after the Consecration theareof by any persons 
whatsoever & that the Invocation or adoration of the virgin 
Mary or any other Saint & the Sacrifices of the mass as they 
are now used in the church of Rome are Superstitious & 
Idolatrous & I doe Solemnly in the presence of God profess 
Testifie & declare that I doe make this declaration & every 
part thereof in the plaine & ordinary sense of the words read 
onto me as they are commonly vnderstood by English Pro- 
te.^tauts without any Evation Equivocation or mentall Reser- 
vation Whatsoever & without any dispensation alre^y granted 
me for this purpose by the Pope or any other authority or 
Person Whatsoever or without any hope of any such Dis- 
pensation from any person or authority Whatsoever or with- 
out thinkeinge that I am or can be aquitted before God or 
man or absolved of this Declaration or any part thereof altho 
the Pope or any other persons or power whatsoever should 
dispence with or annull the same or Declare that it was null 
& voide from the begiuiuge. 

J Basse Andrew Bowne 

John Inians 
John Royse 

W"" PiNHORNE 

W" Lawrence 

I A B do sincerely Promise & Sweare that I will be faith- 
full & bear true allegeance to his Majesty King William So 
help me God. 

J Basse Andrew Bowne 

John Inians 
John Royse 

W"' PiNHORNE 

W™ Lawrence 

I A B Do Sweare that I doe from my heart abhor detest 
& abjure as impious & heriticall that damnable doctrine & 
Position that princes Excomunicated or deprived by the 



1700] JOURNAL OF GOVERNOR AND COUNCIL. 297 

Pope or any authority of the Sea of Rome may be deposed 
or murdered by their Subjects or any other Whatsoever & I 
doe declare no Foreign Prince person Prelate State or Poten- 
tate hath or ought to have any Jurisdiction Power Superiority 
Preeminence or Authority Ecleseasticall or Civill within this 
Realm. 

So help me God. 

J Basse Andrew Bowne 

John Inians 
John Royse 
W"" Pinhorne 
W" Lawrence 

Wee Underwritten Do sincerly promise & Solemnly declare 
as in y^ presence of God that wee bear true alledgiance to his 
Maj''* William y** third King of England &c. and that wee 
from our hearts abhore & detest as Impious & heretical! y* 
Damnable Doctrine & position y' princes Excoinunicated or 
deprived by y*' pope or any authoritie of y^ Sea of Rome 
may be deposed or murthered by their Subjects or any other 
Whatsoever & Wee do declare No forraign prince person pre- 
late State or potentate hath or Ought to have any Jurisdiction 
Power Superioritie Preheminence Or authority Ecclesiastical 1 
or Civill w^'^in this Realme and that wee will well & faith- 
fully discharge y® trust reposed in us & Each of us as mem- 
bers of the Governour's Councill of this province of East 
New Jersey in America So help us God. &c dated this 23d 
of aprill anno Dofa : i700. 

Sam" Dennes 

And : Hamilton John Bishop 

May 30, Sam" Leonard Jr 

W"" Pinhorne. Sam" Hale 

W" Sandford 
Benj'' Griffith 

I Underwritten Do Sincerly promise & Solemnly declare 
as in y^ pressence of God that I bear true alledgiance to his 



298 NEW JERSEY COLONIAL DOCUMENTS. [1700 

;^3jtie ^m ye 3d g;j^g ^f England &c. and y' I from my heart 
abhore & detest as Impious & hereticall y' Damnable Doc- 
trine & position y' princes Excomunicated or deprived by 
y^ Pope or any authoritie of y*^ Sea of Rome may be deposed 
or murthered by their subjects or any other Whatsoever & I 
do declare No forrain prince prelate State or potentate hath 
or ought to have any Jurisdiction power Superioritie pre- 
hemenence or authoritie Ecclesiacticall or Civill w^'in this 
Realme and that I will well & faithfully performe & dis- 
charge y^ trust Reposed in me as Clerk of y® Councill of y^ 
province of East New Jersey in America. So help me God 
&c. dated this 23*^ of apprill anno DoiS : 1700. 

Thomas Gordon 



JOURNAL 



GOVERNOR AND COUNCIL 



BEGIN NING IN 1703. 



At a councell held at Burlington the 14"' day of August 
1703 in the Second year of her Ma"^' Reigne 

Present 
His Excellency Edward Lord Cornbury Govern^ 



Lewis Morris 
Coll" Robert Quary 
William Penhorn 
Samuel Jenings 
Thomas Revell 
Samuel Walker 



} Esq" 



Daniel Leeds ") 

Francis Da von port | 
George Deacon |" ^^^' 

William Sandford j 



His Excellencies comiss: for Govern"^ of the Province of 
Nova Cesaria* read as Likewise his Excell^^ Comiss," from 
George Prince of Denmarke for vice Admir" of the said 
Province. 

His Excell^® took the following Oaths viz" 

The Oaths appointed to be taken by Members in Parlia- 
ment and others in Offices of Trust in the Place of the Oaths 
of Allegience and Supremacy the abjuration Oath Appointed 
Primo Regine 

The Oath for the due execution of his Office, to be entered 
in words at Length the Plantation Oath, to be entered in 
words at Length in y* Councill book the Test Subscribed by 
his Excell^, &c. 

Memorand"". that all the Oaths taken by his Excell,"* or the 
Councill be entered at large in the Councill book. 

His Excel P''^ Administred the following Oaths to Lewis 
Morris. William Pinhorn, Samu," Walker, Daniel Leeds. 
Thomas Revell Robert Quary & William Sandford Esq''' 

The Oaths appointed to be taken by members in Parlia- 
ment & others in Offices of Trust in the Place of the Oaths 
of Allegience and Supramacie the abjuration Oath appointed 
Primo Anno Regine. the Oath of a Privie Councillor. 

M"^ Samuel Jenings George Deacon & Francis Davonport 

*For his commission and instructions, see N. J. Archives, II., 489, 506,- 



302 NEW JERSEY COLONIA.L DOCUMENTS. [1703 

Subscribed the Declaration appointed to be taken by those 
whose Consciencies would not p''mit them to Sware and also 
Subscribed the Test : 

Allexander Griffith her Ma''" Attorney Gen" for this Pro- 
vince p'"duced his Pattent and took the following Oaths viz 
The Oath appointed to be taken by members of Parliament 
The Oath of his Office. &c. 

The Councill adjourned till Tuesday Morning ten of the 
Clock 

At a Councill Held at Burlington the IS''^ of August 1703 

Present 
His Excellen''"' the Governo"' 

Lewis Morris ^ Samuel Walker "^ 

Samuel Jenings j George Deacon j 

Thomas Revell '} Esq" Daniell Leeds '} Esq" 

Francis Davonport j William Sandford | 

William Pinhorne j Robert Quary j 

An Address presented &c. and Accepted* 

The abjuration Oath Subscribed by his Excell"* and Coun- 
cill not being Quakers. 

The Forme of an Attestation in y* room of the abjuration 
Oath to be transcribed for the Gent''" of the Councill not 
taking Oaths. 

As also the form of a Declaration for Privie Councellors 
to bee altered the terms implying Swaring to be left out ; 

John Jewell and John White Produced their Comissio for 
Collectors of the Customs for the Ports of Burlington and 
Araboy which were read & allowed, and then took the fol- 
lowing Oaths viz" : the Oath appointed in the room of the 
Oaths of Allegience and Supremacy to be taken by all mem- 
bers of Parliament &c. The abjuration Oath and Test and 
Subscribed both 

The Choise of Constables and other Officers referred till 
next Councill day. 

*N. J. Archives, III., 11. 



1703] JOURNAL OF GOVERNOR AND COUNCIL. 303 

For the Settlement of Courts Resolved by his Excel!"'* in 
Councill that there bee three Courts held in the Province viz" 
Court of Conscience 
County Courts, and 
Supreme Court. 

That the Courts of Conscience for all Causes under Forty 
Shillings Consists of the Justices and other Principle inhabi- 
tants as shall be appointed of the Town or County and Sitt 
€very month to Determin without a Jury the time of their 
Sitting to be Limitted by the Comission. 

That in Case any person be itinirate, a power to be Lodged 
in any Justice of the Peace to grant a Warrant to the Con- 
stable to bring the Debtor before him and oblige him Either 
to pay the Debt or to give Security to appear at the next 
Monthly Court. 

The Court of Pleas to try all actions Criminal Civill and 
mixt, and to Sitt four times a Year in every County, the 
times to be appointed by the Comission: 

The Court to Consist of the Judge of the Common Pleas, 
and the Four assistant Justices whereof the Judge of the 
Comon Plees or the first assisting Justice to be alwaies one 

No cause under y^ valine of tenn pounds to be removed to 
the Supreme Court 

Each Court not to exceed four days at one Sitting. 

The Supreem Courts to be held the First Tuesday in May 
at Amboy & y^ first Tuesday in November at Burlington* 
Adjourned till to Morrow 9 of the Clock. 

At a Councill held at Burlington the 19"^ of August 1703 

Present 
His Excellencie the Governour 

Lewis Morris ^ William Pinhorn ") 

Samuell Jenings George Deacon j 

Thomas Revell ) Esq^^ Samuell Walker ]- Esq'^ 

Daniell Leeds j William Sandford j 

Francis Davonport J ColP Robert Quary J 



♦See Field's Provincial Courts of New Jersey (N. J. Historical Society's Collec- 
tions, III.), Appendix. 



304 NEW JERSEY COLONIAL DOCUMENTS. [1703 

The attestation in the room of the Abjuration Oath being 
ingrosed was Read and Agreed to and Subscribed by the 
Gen""" of y*^ Councill whose Consciencies would not admitt 
them to take an Oath viz" Samuell Jeuings Francis Davon- 
port & George Deacon Esq'^^ 

Likewise the Declaration as Councellors for their Fidellity 
Read, and Subscribed by the aforesaid persons 

Cap* John Jewell and M' John White took the Oaths of 
their Offices which are to be entered at Large in the Councill 
book. 

Memorand" that in Order to fix the times of the County 
Courts. Lewis Morris William Pin horn Samuel Walker, 
William Sandford for East Jersey. Thomas Revell, Samuel 
Jenings Daniell Leeds & George Deacon for west Jersey : or 
any four of them, be a Comittie appointed to draw up in 
Writeing the most Convenient times & to Lay it before his 
Excellen,"* with all Convenient Expedition. 

adjourned till to Morrow 9 a Clock 



At a Councill held at Burlington y" 20"^ of Aug' 1703 

Present 
His Excel] encie the Governo"" 



Lewis Morris 


1 


William Pinhorn "^ 


Samuell Jenings 


! 


George Deacon j 


Thomas Revell 


'} Esq" 


Samuell Walker \ Esq' 


Daniell Leeds 


J 


William Sandford j 


Francis Davonport 


ColP Robert Quary j 



M'' Jenings Reported from the Comittie Appointed to Con- 
sid"" of the proper times for the Sitting of the Countie Courts 
that they had Considered of the Same, and reported as fol- 
low : viz" 

That the Courts for the Eastern Division shall bee 
and For the Western shall bee — 

viz" 



1703] 



JOURNAL OF GOVERNOR AND COUNCIL. 



305 



Eastern Division 

The County of Bergen 

At Bergen 1 Tuesday February 

Tuesday, at Newarke 
. ^— . at Amboy 

. Shrewsbury 
Tuesday in May 



for Essex. 

Middlesex. 

Monmouth 

Bergen. 

Essex . . . 

Middlesex 

Monmouth 

Bergen. 

Essex . . . 

Middlesex 

Monmouth 

Bergen 

Essex . . 

Middlesex 

Monmouth 



1 
2 
3 
4 
1 
2 
3 
4 

1 Tuesday August 
2 

3 
4 

2 Tuesday Novemb'' 
3 

4 

1 Tuesday in Decemb'' 



Western Division 
Burlington 1 Tuesday ; March 
Gloster . . 2 Tuesd: ditto 
Salem . . 3 . . . . 
Cape May 4 . . 
Burlington 1 Tuesday June 
Gloster . . 2 , . . . 
Salem . . 3 
Cape May 



Burlington 1 Tuesday September 

Glocester . . 2 . . . 

Salem ... 3 

Cape May. . 4 . 

Burlington 2 Tuesday :~ December 

Glocester . . 3 

Salem . . 4 

Cape May 1 : Tuesday January 



M"" Piuhorn moved that y^ Quarf Courts be allowed to 
determine definitively all Cases under ten pounds excepting 
Cases where the titles of Lands are Concerned. 

To which the board Agreed. 

adjourned till four in the afternoon 



Mett according to adjournm"^ viz" at 4 post Merid" 
At a Councill &c. Present 

His Excell^ the Governo'" 



1 



Lewis Morris . 
Samuel Jenings 
Thomas E-evell 
Daniel Leeds 
Francis Davonport J 



William Pinhorn 
j George Deacon 

[ Esq" Samuel Walker 
j William Sandford 

Coll" Rob' Quary 



Esq" 



j 



Ordered that a Proclamation be forthwith Issued, declaring 
that all Constables exerciseing that Authority, on the 9th day 
of this Instant August in the Provinces of East & West New 
Jersey, now The Province of Nova Cesaria do Continue theire 
duty in y^ Exercise of the said Ofiice in their Severall Destricts 
untill further Order. 

20 



306 NEW JERSEY COLONIAL DOCUMENTS. [1703 

Ordered that a Proclamation be forthwith Issued to the 
Sherrifs and all other Proper Officers to Proclaime his Excel- 
lencies Comission in every County of this Province with all 
Possible expedition 

adjourned till to Morrow 10 of y^ Clock 

At a Councill held at Burlington in Nova Cesaria y* 21 
Aug*" 1703 

Present 
His Excellen"* the Governour 

Lewis Morris, ") William Pinhorne 

Samuel Jenings j George Deacon 

Thomas Revell '} Esq" Samuel Walker 

Daniel Leeds j william Sandford 

Francis Davenpor j Co" Robert Quary 

Mett according to y^ adjournment 

That it is the Opinion of this bord that all Constables be 
Chosen Yearly at the Quarter Sessions by the Justices then 
present and that the next Election be at the Severall Courts 
of Quarter Session Respectively in this Province 

The two Proclamatons Ordered the last Councill day read 
and Ordered Engrosed and Signed by his Excellencie ; the 
Proclamations to be entered at Large in the Councill book 

Ordered that with the writ for the Election of Members 
for the General assembly Instructions be given to the Sherrife 
to adjourn from County to County through Each Division if 
a Pole be Demanded 

At a Councill held at Amboy 25"" August 1703 

Present 
His Excellency Edward Lord Cornbury Gov' &c. 

William Pinhorne ^ 
William Sandford > Esq" 
Samuel Walker. . . J 



1708] JOURNAL OF GOVERNOR AND COUNCIL. 307 

Cap' Andrew Bown Sworn of the Councill 

Took the Oath appointed in the room of the Oath of 
Allegience &c. Signed the Test and Signed and took the 
abjuration Oath and the Oath of a Councellor. 



At A Councill held at Bergen 
Dies Lunee 20''' December 1708 

Present 
His Excellency John Lord Lovelace Capt Gen &c : 

M' Morris M' Mompesson 

M"" Pinhorne M' Sonmans 

M' Sand ford 

His Excellencys Commission* was read : 

His Excellency and all the members preasant tooke the 
nsuall oaths 

Ordered that a Proclamation Issue for the Continuation of 
the officers in the province in their respective imployments 
till further order 

Ordered that M"^ Fauconnier the Receiver Generall doe 
imediately on the Recept of this order desist both from the 
Collecting any distresses or forfeitures made or ocasioned by 
virtue of any Act of Assembly or otherwise and from the 
disposall thereof or any part thereof or of any money arissen 
or acrewed to her Majesty thereby or by any other ways or 
meanes whatsoever till further orders and that he lay an 
account of his whole proceedings in the matters aforesaid 
before this board at their next Sitting 

At a Councill held at Bergen the 2P' day of December 

Present 
His Excellency John Lord Lovelace 

M' Morris M"" Mompesson 

M"" Pinhorne M' Sonmans 

M' Sandford 

*See N. J. Archives, III., 298. 



308 NEW JERSEY COLONIAL DOCUMENTS. [1708-9 

The members of the Councill present Severally tooke the 
oaths of Judges of the Chancery of this province and the 
usuall oaths : 



Dies Jovis 3** March 1708 At a Councill held at Perth 
Amboy Present 

His Excellency John Lord Lovelace 
His honnor the L' Governor * 

Lewis Morris Hugh Huddy 

W" Pinhorne W'" Hall Esqrs 

Dan" Coxe Esqrs Coll Rob' Quarry 
Peter Sonmans 

The Gentlemen of the Councill Viz Dan" Coxe Hugh 
Huddy & Coll Robert Quarry tooke the oaths Viz* The oath 
appointed in the Roome of the oaths of Alledgiance and 
Supremacy and Subscribed the Test and abjuration Oaths 

And M' Hall Signed the Declarations 

Severall Gentlemen of the Representatives took the oaths 
& signed the Test and abjuration Viz* Tho Farmer John 
Royce John Harrisson Natha Brading [Breading] Tho Gordon 
Elisha Parker Elisha Lawrence Gershom Mott and Benjamin 
Lyon 

And then the following members being Quakers Signed 
the declarations as p"^ the Rolls Viz' Thomas Gardiner 
Thomas Rapier Nathaniel Crips Hugh Sharp John Kiusay 
Hugh Middleton John Lewis Richard Johnson John Kaighn 
John Paine. t And ware then directed to goe and chuse 
their speaker which they haveing Retired they imediately 
returned & presented Thomas Gordon as Speaker of the 
house of Representatives who was approved of by his Excel- 
lency 

Adjourned till 10 to morrow morning 

*Col. Richard Ingoldesby, whose daughter Mary married John, sou of Judge Wil- 
liam Pinhorne. O'Callaghan (N. Y. Col. Docs., III., 716,) says Judge Pinhorue mar- 
ried a daughter of Ingoldesby, and subsequent writers have accepted this statement. 
But the fact is quite clear that it was his son John who married her.— Calendar N. 
Y. Land Papers, W. 

t John Kaign and John Kay. 



1708-9] JOURNAL OF GOVERNOE AND COUNCIL. 309 

Dies Veneris 4"' March 1708 At a Councill held at Perth 
Amboy Present 

His Excellency John Lord Lovelace 
His honnor the Lieuetenant Governor 

Lewis Morris Peter Sonmans 

W" Pinhorne W'" Hall Esqrs 

Coll Dan^^ Coxe Esqrs Coll Rob* Quarry 
Hugh Huddy 

A Message to the house of Representatives by M"^ Secre- 
tary Bass to acquaint them that the Councill was met & that 
his Excellency desired their Attendance on him imediately 
And the Speaker with the house Attending his Excellency. 
M" Speaker moved in behalfe of the house that their Just 
rights and Privilidges might be preserved to them Which his 
Excellency Granted accordingly and then his Excellency 
Made the following Speach. 

Gentlemen 

I am very Sensible of the Great dificultys that 
doe Attend this honorable imployment in which her Majesty 
hath been pleased to place me the Government of this Pro- 
vince but I hope you will never faile to assist me to searve 
the Queen and her people here. 

Her Majesty hath shown in the whole Course of her 
Reigne Glorious beyond example how much she aimes At the 
Good and prosperity of her People she hath with indefatig- 
able paines united her two kingdoms of England and Scot- 
land and she Continues the same Aplication to unite the 
minds of all her Subjects this is her greatest Care and ought 
to be that of those whome she deputes to Govern these dis- 
tant provinces which are not soe happy by their Scituation to 
be under her more imediate Government I Cannot sett Before 
me a better pattern I shall therefore endeavor to Recommend 
my selfe to you by following as far as I am able her example 

I Persuade my selfe I shall not Give you any just cause to 
be uneasie under my administration and I hope you will not 



310 NEW JERSEY COLONIAL DOCUMENTS. [1708-^ 

be uneasie with one another let past diferances and animosi- 
ties be buried in Oblivion and Lett us seak the peace and 
welfare of our Country 

Her Majesty would not be burdensome to her people but 
there being an absolute necessity that the Government be 
Supported I am directed to Recommend that matter to your 
Consideration you know best what the province can con- 
veniently raise for its supjwrt and the easiest method for 
raiseing it 

Theare is another thing also will Require your Considera- 
tion The making of a Law for the putting the Militia uppon 
some better foot then it is at preasaut with as much ease to 
the people as possible. 

I shall onely Add that I shall be Always Ready to give 
my Assent to whatever laws you shall find nessessary for 
promoteing Religion and Virtue for the Incoragement of 
trade and Industry for the discoragement of Vice and pro- 
fanity and any other matter and thing Relateing to the good 
of the province. 

The Lieuetenant Governor Coll Coxe Mr, Huddy and Coll 
Quarry took their oaths of office as Councellors 

M' Bass took his oath of office as Secretary and Cleark of 
the Councill 

Ordered that the Secretary doe write to the Collectors of 
this province to Returne a Spedy Account to his Excellency 
what ships have been entred and Cleared out of the respec- 
tive ports of this province as also what negroes have been 
imported from Affrica and for what sould p'' head what by 
the Company* & what by Seperate traders 

Ordered that all orders of Councill be Read by the Cleark 
att the breakeing up of the Councill and at the first opening 
of the next Sessions of the Councill following 

On the motion of M'^ Hall that there ware two of the 
members of the Councill wanting for the Westerne division 

* The Royal African Company of England, which by act of Parliament, 1697, was 
given a monopoly of the African trade, and part ot whose duty it was to furnish to 
the Colonies 'a constant and sufficient supply of Merchantable Negroes at moder- 
ate prices."— iV^, F. Col. Docs., III., 115, 5U7, 8S3; V., 13G, 77u. 



1708-9] JOURNAL OF GOVERNOR AND COUNCIL. 311 

of this province. And M' Trotwell* and M" Whelerf being 
Recommended to his Excellency by this board 

Ordered that Letters be wrott to M"^ Wheler and M"" Trot- 
well to signifie his Excellencys pleasure that they forthwith 
Attend and qualifie themselves as members of her Majestys 
Councill for this province 

Adjorned 

Dies Saturni 5"^ March 1708 At a Councill held at Perth 
Am boy Present 

His honnor the Lieuet' Governor 

CollCoxe ^ W-"Hall ^^ 

_ _, Esqrs Esqrs 

Peter Sonraans Coll Rob' Quarry 

A message from the house the house [^sic] of Representatives 
by JVP Elisha Lawrence and M"" Lyon to acquaint this board 
that the house desired that M"" John Treat might take the 
oaths as a member of the house of Representatives and the 
said John Treat was called in and took the oaths appointed 
in the roome of the oath of Alledgience and Supremacy and 
signed the test and Abjuration oath : 

Dies Mercurii 9th March 1708 

At a Councill held at Perth Amboy 

Present 
The honorable Richard Ingoldesby Esqr Lieueten' Gov- 
ernor 

Coll Dan" Coxe M' Hugh Huddy 

Coll Richard Towneley M'" W" Hall 

A Message from the house of Representatives by M"" 
Nathaniell Brading and M"" Treat to acquaint this board that 

• Doubtless Peter Fretwell is meant, member of Assembly from Cape May In 1704, 
1709-10.— iV. J. Ilisl. Soc. Proceedings, First Series, V., 2/,-5-(:. 

tRobert Wheeler, a baker, of Burlington, originally a Friend, but in 170? followed 
George Keith into the Church of England, and for many years was an influential 
member of St. Mary's Church, Burlington.— iV. J. Archives, III., 3U0; IV., 63, 2S7 ; 
Hills's Church in Burlington, 13, SO, 1,5 et seqq. He was a member of the Assembly in 
1704, 1709, 1710.— JV. J. Hist. Soc. Proceedings, First Series, V., 2A-5-6. 



312 NEW JERSEY COLONIAL DOCUMENTS. [1708-9 

the house desired that M"" W'" Mans [Morris] and M' Elias 
Michailson might take the oaths as members of the house of 
Representatives and the said M'^ W™ Mans [Morris] and M"" 
Elias Michailson were called in and took the oaths appointed 
in the roome of the oaths of Alledgience and Supremacy and 
took the test and the abjuration oath. 

Dies Martis 15"' March 1708 
At a Councill held at Perth Amboy 

Present 

His Excellency John Lord Lovelace 

His honnor the Lieue" Governor 

W" Pinhorne Maj^ W"' Sandford 

Dan" Coxe W- Hall 

Peter Sonmans Coll Rob' Quarry 

His Lordship being pleased to informe the Councill that 
he had received an Address from the Assembly which being 
Read In the words following 

May it please Your Excellency 

This house 
renders their humble and hearty thanks to Your Lordship 
for favoring us with a Coppy of that paper called the Address 
of the Lieutenant Governor and Councill of New Jersey to 
her Majesty which we conceive rather to be an Impeachment 
and layes the house under a Nessesity humbly to Address 
your Excellency that you will be pleased to desire the Lieue- 
tenant Governor and all those Gentlemen that signed the 
Adress to Attend Your Excellency at such time as you 
think fitt to appoint to prove their allegations contained in 
said Address and that this house may have leave to be preas- 
ant that her Majesties dutifull Subjects of this province may 
have an opertunity of makeing their just defence to Clear 
themselves from such imputations 

By order of the house 
14"^ March 1708 Thomas Gordon Speaker 



1708-9] JOURNAL OF GOVERNOR AND COUNCIL. 313 

And the Gentlemen of the Councill being asked what 
Awnswer they would returne his Lordship to the said 
Address 

They replyed that they desired that they might have time 
till the rest of the Gentlemen who are Charged with Signe- 
ing the Address Sent home can have time to appear to give 
awnswer to his Lordship. 

Ordered that the Clerk of the Councill write to the severall 
Gentlemen of the Councill that are absent to attend in their 
Respective Stations in eight dayes 

Ordered that the Secretary doe write to the Justices of the 
severall Counties in this province to Convene before them all 
such persons who have not yet taken the oaths appointed by 
Act of Parliament to be taken in the roome of the oaths of 
Alledgiance and Supremacy and to Require them to take and 
Subscribe the test and Abjuration oath and to make a returne 
to this board of all such of the names of all such persons as 
Shall Refuse to take the Same when Legally tendred by the 
twentieth day of May Next and that such persons as doe 
refuse the said oaths when Legally tendered shall not be 
admitted to doe any Act or thinge from which they are re- 
strained by Act of Parliament & be further Lyable to be 
punished as the Severall Acts of Parliament direct and 
appoint 

Motion being made that the Sheriifs of the Severall Coun- 
ties doe give in Security before they take uppon them their 
respective offices 

Ordered that it be differed till the Next meeting of this 
board 

Ordered that the Secretary doe write to the Sheriff of Cape 
May to know the reason why he hath not made returnes of 
the writt for the election of members to Searve in the Gen- 
erall Assembly for the said County and to require him forth- 
with to make his returnes and send up the members that are 
elected to Attend in their respective Stations : 



314 NEW JERSEY COLONIAL DOCUMENTS. [1708-9 

Dies Jo vis 17"^ March 1708 
At a Councill held at Perth Amboy 

Preasant 
His Excellency John Lord Lovelace 

Lewis Morris 
W" Pinhorne Peter Sonmans 

W'"Sandford W" Hall Esqrs 

Coll Da" Coxe '^''^ Coll Rob' Quarry 

Roger Mompesson 

The minutes of the last Councill Read 

A Message from the house of Representatives by M'' John 
Lewis Elisha Parker and M'^ Elisha Lawrence to acquaint 
his Excellency that the house had passed the following bills 
Viz' 

A Bill for Better Regulateing & Settling the offices of 
Secretary and Clerk of the Supreame Court 

A Bill for Regulateing and Asertaineing the Valine of 
forreigne Coyne 

A Bill for preventing Swine running at Large 

To which they desired the Concurrance of this board 

The motion of the sheriffs of the Severall Counties giveing 
in Security being Read It is Ordered the Sheriff of the 
County of Burlington doe give in five hundred pounds 
Security and the Sheriffs of the rest of the Counties three 
hundred pounds Security excepting the Counties of Bergen 
and Cape May who shall each give in one hundred pounds 
Security within one month after notice of this order and that 
it be given in by way of Recognizance before any Justice of the 
Peace and by him forthwith returned into the Secretarys office 

The bill for the Better Regulateing & Settling the offices 
of Secretary and Clerk of the Supreame Court Read the first 
time and ordered a Second reading 

The Bill for Regulateing and Ascertaineing the Valluation 
of forreigne Coyne Read the first time and ordered a Second 
Reading 



1708-9] JOURNAL OF GOVERNOR AND COUNCIL. 315 

The bill for preventing Swine running at large Read the 
first time and ordered a Second Reading 

The Petision of the Inhabitants liveing above the towne- 
ship of Newarke Setting forth as p'' the petision that they have 
Sufred Severall hardshipps from the said toAvneship of 
Newarke from which they desired Releife* 

Ordered that the Inhabitants of the towneship of Newarke 
have a Coppy of this Petision and that they Attend this 
board with their objections against it if they have any on 
Tuesday Next. 

Dies Saturn 19"" March 1708 At a Councill held at Perth 
Amboy Present 

His Excellency John Lord Lovelace 

Lewis Morris Peter Sonmans 

W" Pinhorne W™ Hall Esqrs 

Dan" Coxe Esqrs Coll Rob Quarry 

Roger Mompesson 

The minutes of the last Councill day Read 

A Message from the house of Representatives by M"" Mor- 
ris M"" Johnson and M"" Mott to acquaint his Excellency that 
the house had passed the following bills Viz* 

A Bill for Recording and Acknowledging of Deeds 

A Bill for destroying of Woulves Panthers <fec 

A Bill for Regulateing the Qualifications of Representa- 
tives to which they desired the Concurrance of this board 

The bill for acknowledging and Recording of Deeds Read 
the first time and Ordered a Second Reading 

The bill intituled an Act for destroying of Woulves 
Panthers &c Read the first time and ordered a Second Reading 

The bill Intituled an Act for the Regulateing the Qualifi- 
cations of the Representatives Read the first time and ordered 
a Second Reading 

M' Pinhorne moveing that he might have leave to bring 

*See Newark Town Records, 78, 94, 128. 



316 NEW JERSEY COI.ONIAL DOCUMENTS. [1708-9 

in a bill Intituled an Act for the explaineing of Grants and 
Pattents for Land made and executed by Philip Carterett 
and Councill in the Easterne division of this province accord- 
ing to the true intent and meaneing of grantor and Grantee 
"which being granted M'' Pinhorne brought in to this board a 
bill Intituled an Act for the Explaineing of Grants and Pat- 
tents for Land made and Executed by Philip Carterett Esqr 
and Councill in the Easterne division of this Province accord- 
ing to the true intent and meaneing of Grantor and Grantee 
which was Read the first time and ordered a Second Reading 

The bill intituled an Act for the better Regulateing and 
Settling the offices of Secretary and Clerk of the Supreame 
Court Read a Second time and Some debate ariseing thereon 

Ordered that debate be adjorned till Tuesday Next 

The bill for Regulateing and Ascertaining the Vallue of 
forreigne Coine Read the Second time and ordered that it lye 
on the table 

The bill for preventing Swine running at large Read the 
Second time and Ordered that it be committed to the Gentle- 
men of the Councill or any three of them and that the Com- 
mitty meet at Smiths at four of the Clock this afternoone 

Dies Martis 22'* March 1708 At a Councill held at Perth 
Amboy Present 

His Excellency John Lord Lovelace 

Lewis Morris W^ Hall 

W" Pinhorne Peter Sonmans Esqrs 

Dan" Coxe Esqrs Coll Rob* Quarry 
W" Sandford 

The minutes of the last Councill Read 

The order of the board relating to the Petisiou of the 
Inhabitants of Acquicanunck Read and the Petisioners and 
Inhabitants of Newarke were Called in and boath the petision- 
ers and Inhabitants of Newarke being fully heard 

Ordered that the further Consideration of this matter be 



1708-9] JOURNAL OF GOVERNOR AND COUNCIL. 317 

referred till fryday next and that they be heard by Councill 
on boath sides 

Ordered that the debate of the bill for the regulateing the 
offices of Secretary and Clerk of the Supreame Court &c be 
differed till to Morrow morning. 

Dies Mercurii the 23*^ March 1708 At a Councill held at 
Perth Amboy Present 

His Excellency John Lord Lovelace 

Lewis Morris Coll Dan" Coxe 

W™ Pinhorne Roger Mompesson 

W™ Sandford Esqrs Peter Sonmans Esqrs 
W" Hall Coll Rob' Quarry 

The adjorned debate of the bill for the better Regulateing 
and Settling the offices of Secretary and Clerk of the Supreame 
Court being Reasumed and the Question being put wheather 
it be Committed it passed in the Negative 

The question being put whether the said bill be Rejected It 
passed in the afirmative 

Coll Robert Quarry Reported from the Committy to whome 
the bill for Preventing of Swine running at large was referred 
that they had gone through the said bill and made some amend- 
ments to the same which he Read in his place and afterwards 
delivered in att the table which said bill with the amendments 
being Read 

Ordered that itt be recommitted to the same Committy 

The bill for explaineing Grants and Pattents for land made 
& executed by Philip Carterett Esqr and Councill in the 
easterne division of this province according to the true intent 
and meaneing of Grantor and Grantee Read the Second time 
and committed to the Gentlemen of the Councill or any three 
of them 

The bill for destroying of Woulves Panthers &c Read the 
Second time and Committed to the Gentlemen of the Coun- 
cill or any three of them 



318 NEW JERSEY COLONIAL DOCUMENTS. [1709 

A message from the house of Representatives by John 
Kaighn John Kay and John Sommers* to .acquaint this 
board that they had passed the following bills Vizt 

A Bill for Regulateing the Qualifications of Jurys 

A Bill for Regulateing the practice of the Law 

A Bill Intituled an Act for Regulateing Attornys att Law 
to which they desired the Concurrance of this board. 

The Bill for Regulateing the Qualifications of Representa- 
tives Read a Second time and Committed to the Gentlemen of 
the Councill or any three of them 

The bill for acknowledging and Recording of Deeds read 
the Second time and Committed to the Gentlemen of the 
Councill or any three of them 

The bill intituled an Act for Regulateing Attornys at Law 
read the first time and ordered a Second Reading 

The bill for Regulateing the practice of the Law Read the 
first time and ordered a Second Reading 

The bill for Regulateing the qualification of Jurys Read 
the first time and ordered a Second reading 

Dies Veneris 25*^^ March 1709 At a Councill held at 
Perth Amboy Present : 

His Excellency John Lord Lovelace 

Lewis Morris Peter Sonmans 

W" Pinhorne W" Hall Esqrs 

W" Sandford Esqr Coll Rob' Quarry 

CollD:Coxe 

Roger Mompesson 

The Minutes of the last Councill Read 

Coll Robt Quarry Reported from the Committy to whome 
the bill for acknowledging and Recording deeds was referred 

That he was directed to Report the Same without amend- 
ments and the said bill being delivered And read the third 

* Query : Peter Sonmans ? There was no John Sommers in the Assembly at this 
time. 



1709] JOURNAL, OF GOVERNOR jfND COUNCIL. 319 

time and the Question being putt whither the said bill doe 
pass It passed in the Negative 

The Question being putt whither the said bill be Rejected 
itt passed in the afirmative 

Ordered that the said bill be rejected 

Coll Robert Quarry Reported from the Committe to whome 
the bill for preventing Swine running at large was Recom- 
mitted that they had agreed to some amendments which he 
was directed to Report to this board when they were ready to 
Receive the Same 

Ordered that the Report be made Imediately 

And the said Coll Quarry Reported the amendments in his 
place which he afterwards laid on the table And the said 
amendments being Severally read ware agreed to by this 
board 

Ordered that the said bill with the amendments be read 
the third time which being read was agreed to by this House 

Ordered that W" Hall doe carrie the said bill with the 
amendments to the house of Representatives for their concur- 
rance 

William Pinhorne Esqr reported from the Committy to 
whome the bill for Explaineing of Grants and Pattents &c 
was Refferred that He was directed to Report the Said Act 
without any amendments 

Ordered that the said bill be read a third time 

Which said bill being Read a third time 

And the Question being putt whither the said bill doe pass 
it passed in the afirmative. 

Ordered that W" Pinhorne Esqr doe carrie the said bill to 
the house of Representatives for their Concurrance. 

The bill for Regulateing The practice of the Law Read the 
Second time and Committed to the Gentlemen of the Councill 
or any three of them 

The bill for Regulateing the Qualifications of Jurors Read 
the Second time and Comitted to the Gentlemen of the Coun- 
cill or any three of them 

The bill for Regulateing Attornys att Law Read the second 



320 NEW JERSEY COLONIAL DOCUMENTS. [1709 

time and motion being made and the Question being putt 
whither the said bill be Committed it passed in the Negative 
The Question being put whether the said bill be rejected 
It passed in the afirmative 



Dies Luna? 28**^ March 1709 

At a Councill held at Perth Amboy 

Present 
His Excellency John Lord Lovelace 

Lewis Morris Roger Mompesson 

W" Pinhorne Esqrs Peter Sonmans Esqr 

Coll Dan'' Coxe Coll Eobert Quarry 

Thomas Gordon Esqr Speaker with the rest of the house 
of the house [^sic] of Representatives waited on his Excellency 
and acquainted his Exellency that they had passed an Act for 
the Support of Her Majesties Government of Nova Cesarea 
for one Year which bill being Read the first time was ordered 
a Second Reading 

A Message from the house of Representatives by M"" Sharp 
M' Crips and M'' Rapier to acquaint, this board that the house 
have passed the following bills Viz' 

A Bill for the Releife of the poor 

A Bill for Regulateing and Appointing fees 

A bill for devideing and Asertaineing the boundaries of 
all the Counties in this province to which they desire the 
Concurrance of this board 

The bill for the Releif of the poor Read the first time and 
ordered a Second Reading 

The bill for Regulateing and Appointing fees Read the 
first time and ordered a Second Reading 

The bill intituled an Act for devideing and asertaineing 
the boundaries of all the Counties in this province Read the 
first time and ordered a Second Reading 

The Petition of the Grand Jury of the County of Bur- 



1709] JOURNAL, OF GOVERNOR AND COUNCIL. 321 

lington relateing to the bill for the Settling of the Counties 
Read & Ordered to Lie on the table till the said bill be Read 
a Second time 

Dies Lunse Post Merid 28"" March 1709 
At a Councill held at Perth Amboy 

Present 
His Excellency John Lord Lovelace 

Lewis Morris Roger Mompesson 

W™ Pinhorne Esqrs Peter Sonmans Esqrs 

Dan" Coxe Coll Rob* Quarry 

The bill for the Support of her Majesties Government of 
Nova Cesarea or New Jersey for one Year Read a Second 
time and Committed to the Gentlemen of the Councill or 
any three of them 

The bill for devideing and Ascertaineing the boundaries of 
all the Counties of this province Read the Second time and 
Committed to the Gentlemen of the Councill or any three of 
them 

The bill for Regulateing and Appointing of fees Read the 
Second time and Committed to the Gentlemen of the Coun- 
cill or any three of them 

The bill for the Releife of the poore Read the Second time 
and Committed to the Gentlemen of the Councill or any 
three of them 

A Message from the house of Representatives by AP Mid- 
dleton and M'' Rapier to acquaint this board that they had 
made Some other amendments to the bill for the preventing 
of Swine running at large to which they desired the Concur- 
rance of this board and the said Amendments being Read 
and the Question being putt whether this house agree with 
the said Amendments 

It passed in the afirmative 

Ordered that Roger INIompesson Esqr doe carie the said 
bill to the house of Representatives and acquaint them that 

21 



322 NEW JERSEY COLONIAL, DOCUMENTS. [1709 

this board had agreed Unto the amendment made by the 
house to the Amendments made by this board 

The Petision of Edward Viscount Corubury late Governor 
of this province Setting forth that he had due to him Sev- 
eral! Sums of money for which he desired warrants to enable 
him if the Revenue of this province was not able to pay the 
Same he might demand the same of her Majesty was Read 
And dismissed 

Dies Martis 29"^ March 1709 
At a Councill held at Perth Amboy 

Present 
His Excellency John Lord Lovelace 

Lewis Morris Coll Dan" Coxe 

W" Pinhorne Esqr Peter Sonmans Esqr 

W" Sandford Coll Rob: Quarry 
Roger Mompesson 

Roger Mompesson Esqr Reported from the Committy to 
whome the bill for the Support of the Government for one 
Year was Committed that they had gone through the said 
bill and Directed him to Report the same without any 
amendmentments [sic] 

And it being moved that the said bill might be read a third 
time The said bill was read a third time And the Question 
being putt whither the said bill be passed itt passed in the 
afirmative 

Roger Mompesson Esqr Reported from the Committy to 
whome the bill for the Releife of the poore was Committed 
that he was directed to Report the same without any 
amendment 

And the Said bill being Read the third time and the Ques- 
tion being putt whether the said bill doe pass 
It passed in the afirmative 

Roger Mompesson Esqr Reported from the Committy to 
whome the bill for the Regulateing of Jurys within this 



I 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 323 

province was referred That he was directed to report the 
Same without any amendments 

And the Said bill being Read the third time and some 
debate ariseing on the same 

Ordered that the Said bill be Recomitted 

Roger Mompesson Esqr Reported from the Committy to 
whome the bill for destroying of Woulves Panthers &c was 
Referred that they had gone through the same and made 
Severall amendments thereto which he was directed to Report 
to this board & the Said amendments being Severally Read 
ware agreed to by this board 

The bill with the Amendments being Read the third time 
and the Question being putt whither the bill with the 
Amendments doe pass 

It passed in the afirmative 

Ordered that Lewis Morris Esqr doe carrie the Said bill 
Avith the amendments to the house of representatives for 
their Concurrance 

Roger Mompesson Esqr Reported from the Committy to 
whome the bill for the Qualifications of Representatives &c. 
was Referred that they had made some amendments to the 
said bill which being read the amendments ware agreed to 
and then the bill with the amendments was Read the third 
time and passed 

Ordered that Lewis Morris Esqr doe Carrie the Said bill 
to the house of Representatives for their Concurrance 

Roger Mompesson Esqr Reported from the Committy to 
whome the bill for Devideing and Asertaining the boundaries 
of all the Counties that the Committy ware of the opinion 
that this bill may be referred untill the next meeting at 
Burlington 

Which was agreed to by this board 

And this Act ordered to lye on the table till the next 
Meeting att Burlington 



324 NEW JERSEY COLONIAL DOCUMENTS. [1709' 

Roger Mompesson Esqr Reported from the Committy to 
whome the bill for the Regulateing of fees was Referred 
that the Committy are of the opinion that they Cannot pro- 
ceed on the said bill till a List be given in by the Severall 
officers of the Government and practisioners of the Law 
what fees they usualy take or demand 

Ordered that the Secretary and all other officers in this 
Government and the practisioners of the Law doe lay before 
this board full and Cora pleat tables of such fees as they 
usualy take or demand against the next meeting of this 
Assembly at Burlington and that in the meane time the Act 
doe lye on the table 

Roger Mompesson Esqr Reported from the Committy to 
whome the bill for the Regulateing of the practise of the 
law was Reifered that the Committe had made some progress 
in the said bill and desired leave to sitt againe 
Which was ordered Accordingly 

Dies Mercurii 30"' March 1709 
At a Councill held at Perth Amboy 

Present 
His Excellency John Lord Lovelace. 

Lewis Morris Roger Mompesson 

W™ Pinhorne Peter Sonmans Esqr 

W^Sandford ^^^^'^ Coll Rob* Quarry 

Coll Dan Coxe 

The Petissioners of Acquiconunck appearing by M"" Bick- 
ley* their Councill and the people of Newarke by M"" Gordon 

*May Bickley was a prominent lawyer of New York, being Attorney-General of 
that Province 1706-12.— i\'. Y. Col. Docs., IV., 1186. Gov. Hunter called him "a busy, 
waspish man." — lb., V., 357. "Rather remarkable for a voluble tongue, than a 
penetrating head or much learning."— SwiiWs Hist. N. Y., Ed. ISIU, ISU. Recorder 
of New York City 1709-12.— iV. I'^. Com. Council Manual, 1855. He was admitted to 
the New Jersey Bar Nov. 5, 1705.— Vroom's Sup. Ct. Rules, Appendix, 57. Being a sub- 
servient officer of Lord Cornbury, he was indicted by the Middlesex county (New 
Jersey) Grand Jury in 1708 for "Barratrie," but Gov. Cornbury ordered a nol. pros, 
to be entered.— iV^. J. Archives JV., 88, 96. He died at New York April 2, 1724.— A^. r. 
Gen. and Biog. Record, III., Ik7. 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 325 

of Council 1 for them ware called in and the Matter being 
fully heard by the said Councill on boath sides 

It is ordered that the Petissioners doe Cause an exact sur- 
vey of the boundaries of the land that they desire to have 
joyned to Acquiconunck and seperated from Newarke and 
that Captain Bond doe survey the same and make his Report 
thereof to this board what he hatlfdone And that the inhabi- 
tants of Newark have liberty to chuse a Surveyer to joyne 
with the said Captain Bond in the Survey and Report if they 
see Convenient and also have ten dayes notice before the said 
Captain Bond doth begin the said survey that their Surveyer 
may joyne with Captain Bond if they thinke fitt but in case 
on ten dayes notice they doe not provide a Surveyer and 
attend that the said Captain Bond doe run the said lines & 
his Report to this board Shall be Accepted 

Dies Jovis 31" March 1709 
At a Councill held at Perth Amboy 

Present 
His Excellency John Lord Lovelace 

W"" Pinhorne Peter Sonmans 

Roger Mompesson Coll Rob' Quarry 

The Minutes of the last Councill Read 

A Message from the house of Representatives by John 
Kinsay John Kay Thomas Rapier and John Sommers to 
acquaint this board That the house had agreed to the bill 
intituled an Act for explaineing of Grants and Pattents &c 
without amendments 

And to the bill for preventing Swine running at large with 
the amendments 

And to the bill for Regulateing the Qualifications of Rep- 
resentatives with the Amendments 

And to the bill for the destroying of Woulves Panthers &c 
"with the Amendments 



326 NEW JERSEY COLONIAL DOCUMENTS. [1709 

A Message from the house of Representatives by John 
Kinsay John Kay Thomas Rapier and John Sommers to 
acquaint this board that the house had passed a bill for the 
Regulateing of ordinaries to which they desired the Concur- 
rauce of this board 

The bill for the regulateing of ordinaries ' read the first 
time & Ordered a Second Reading 

A Message from the house of Representatives by Captain 
John Hamsson and M"" Treat to acquaint this board that the 
house had passed a bill for Settling the militia of this 
province to which they desired the Concurrance of this board 

The bill for Settling the Militia of this Province read the 
first time and ordered a Second Reading 

The bill for Regulateing of ordinaries Read the Second 
time and Committed to the Gentlemen of the Councill or any 
three of them— The bill for Settling the Militia of this 
Province read the Second time and Committed to the Gen- 
tlemen of the Councill or any three of them 

Dies Veneris pri" Aprill 1709 
At a Councill held at Perth Amboy 

Present 
His Excellency John Lord Lovelace 

W™ Pinhorne Peter Sonmans 

Roger Mompesson ^^^^ Coll Rob* Quarry ^^^"^ 

The Minutes of the last Councill Read 

A Message from the house of Representatives by M" Lyon 
& W' Lewis to acquaint this board that the house had passed 
a bill for the Settling of a Post office in this province to 
which they desired the Concurrance of this board 

The bill for Settling a Post office in this province Read 
the first time and ordered a Second reading 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 327 

Roger Mompesson Esqr Reported from the Committy to 
whome the bill for Settling the Militia of this province was 
Reffered 

That he was directed to report the said bill without any 
amendments 

Which bill being read the third time and the question 
being putt whether the Said bill doe pass 

It passed in the afirmative 

Roger Mompesson Esqr Reported from the Committy to 
whome the bill for the Regulateing of ordinaries was referred 
that he was directed to report the same without amendments 

And the said bill being Read the third time & the Ques- 
tion being putt whither the said bill doe pass 
It passed in the afirmative 

Roger Mompesson Esqr Reported from the Committy to 
whome the bill for the qualifications of Juryes was referred 
that he was directed to report the same without amendments 

And the bill being Read the third time 

And the Question being put whither the said bill doe pass 
It passed in the Negative 

And the Question being putt whither the said bill be 
rejected 

It passed in the afirmative 

Ordered that the said bill be Rejected 

Roger Mompesson Esqr reported from the Committy to 
whome the bill for the Regulateing the practice of the Law 
was referred that he was directed to report the Same without 
amendments 

And the said bill being Read the third time And the 
Question being putt whither the said bill doe pass 
It passed in the Negative 

And the Question being putt whither the said bill be 
rejected 

It passed in the afirmative 

Ordered that the said bill be Rejected 



328 NEW JERSEY COLONIAL DOCUMENTS. [1709 

The bill for Settling a post office in this province read the 
Second time and Committed to the Gentlemen of the Councill 
or any three of them 



Dies Lunc^ the 4*'^ Aprill 1709 
At a Councill held at Perth Amboy 

Present 
His Excellency John Lord Lovelace 

W" Pinhorne Peter Sonmans 

Roger Mompesson '^^^^ Coll Rob* Quarry ^ 

Roger Mompesson Reported from the Committy to whome 
the bill for settling of a post office in this province was 
reffered that he was directed to Report the said bill without 
any amendments 

And the said bill being Read the third time 
And the Question being putt whither the said bill doe pass 
It passed in the affirmative 

A Message to the house of Representatives by the Secre- 
tfiry to acquaint them that this board had passed 

The Act for Settling the Militia 

The Act for Regulateing of Ordinaries 

And the Act for Settling the post office without any 
amendments and Also to Request the house to Attend his 
Excellency in Councill imediately 

And the Speaker with the house attending his his Excel- 
lency gave his Assent to the following bills vizt 

A Bill for the Support of her Majestys Government for 
one Year 

A Bill for Settling the Militia of this province 

A Bill for Regulateing the Qualifications of Representa- 
tives. 

A Bill for the Releife of the poore 

A Bill for the Regulateing of ordinaries 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 329 

A Bill for the explaineing of Grants 
A Bill for the Settling of the post office 
A Bill for destroying of Woulves panthers &g 
A Bill for preventing Swine running at large 
And then adjorned the Assembly till the 28"" of Septem- 
ber to Meet at Burlington 

J Bass Secretary 

Att a Councill held at Perth Amboy this 26"' day of May 
1709 

Present 

The hono"' Coll Rich*^ Ingoldesby Esq"^ Lieu' Govern"^ and 
Comander in Chief of the Provinces of New Jersey New 
Yorke &c 

William Pinhorne 1 -p „ Roger Mompesson \ tj^ ^s 
Peter Sonmans / Hugh Huddy I 

A Message to the house of Representatives by the Secre- 
tary to Acquaint them that his hon"" desires that house to 
Attend him Immedatly and M'' Speaker with the house 
Attending : 

His hon''' Speech to them as followeth 
Gentlemen 

I did intend your meeting no sooner than September but 
her Maj"®^ Speciall Comands and Extrordinary Service have 
Laid a Necessity on me for requiring it at this time and place. 

The Tender care our Gracious Queen has shown & the 
great Expence Shee has bin at for your Safety & preservacon 
at this time of need at home will I Doubt not Encourage and 
Oblidg you to doe all that is Expected from you for the Wel- 
fare of your Country since the Like Opertunity was never 
yett offered nor ever may Again if this Should be Neglected. 

I doe therefore Earnestly desire that all heats & Animossity 
may be buried in Oblivion and that you will Unanimusly 
Apply your selves to this great worke with such Expediton 
that you may soon be in as much forwardness as any of your 
Neighbours and have a recess till your own particular aifairs 



330 NEW JERSEY COLONIAL, DOCUMENTS. [1709 

will more easily permitt you to attend y" Publick Service for 
the farther good G and happiness of this Collony which I 
shall allways use my utmost endevour to promote 

Att a Council! held at Perth Amboy the 28* of May 1709 

Present 
The hono'''^ Coll : Richard Ingoldesby Esq" Lieu' Governor 
and Comander in Chief of the Provinces of New Jersey New 
Yorke &c 

William Pinhorne "^ Roger Mom pesson "v 

Coll : Robert Quarry I Esq" Hugh Huddy I Esq"^' 

Coll : Dan" Coxe J W"^ Hall J 

Coll : Francis Nicholson and Coll : Samuell Vetch being 
seated at the Board A Message from this board by the Secre- 
tary to the house of Representatives to require them to Attend 
his hon" in Councill Imediatly and the Speaker with the house 
Attending, The Queens Instructions to Coll : Vetch ware 
read and severall Other CoSiissions & papers ware read ta 
them and afterwards delivered to the Speaker. 

Ordered that Coll : William Pinhorne Dan" Coxe Roger 
Morapesson Peter Sonmans Hugh Huddy William Hall 
Coll : Robert Quarry or any five of them be a Comittee of 
this board to meet with a Comitty of the house of Repre- 
sentatives on this present Occasion 

Att a Councill held at Perth Amboy this 30 day of May 
1709 

Present 

The hon"^ Coll : Richard Ingoldesby Esq"" Lieu' Govern'' and 

Comander in Chief &c 

William Pinhorne ^ Peter Sonmans ^ 

William Sandford I Hugh Huddy I f r» 

Coll: Dan" Coxe j^Esq" W"^ Hall j ^^ 

Coll : Richard Townley | Coll : Rob'. Quary j 
Roger Mompesson J 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 331 

Coll: Francis Nicholson and Coll: Samuell Vetch being 
seated at the Board 

Ordered that the Secretary doe Imediatly send an Express 
to Thomas Foukes to attend this Board forthwith 

Ordered that the Secretary doe write to George Res 

to goe fortwith to Weequohela* and acquaint him that his 
hon' Expects his Attendance on this Board Imediatly 

Ordered that Coll: Aron Schyler doe forthwith send for 
Mahwtatatt. Cohevwichick. Ohwsilopp. Meshuhow. and 
Feetee Sachims of the Manisinchs and Shawhena Indians to 
attend his hon'' at Perth Amboy forthwith 

Whereas there is a Necessity of Sending Expresses forth- 
with to the Indians and on Severall Other Cases in order to 
Carrieing on of this presant Expedition against Canada it is 
Ordered that the Secretary doe Acquaint y® house of Repre- 
sentatives with the same and that they be desired forthwith 
to provide a fund of Money to answer the said Expences 

A Message from the house of Representatives by M" Mott 
and M' Middleton that the house had resolv'd themselves 
into a Grand Comitty and that they desired that a Committy 
of this Board might meet with the said Commity this after- 
noon and that Coll : Nicholson and Coll : Vetch might be 
present 

Resolved that this Board doe agree to a Conferance with 
the Comity of the house of Representatives in the Great 
roome at Harrisons at four of the Clock in the afternoon. 
And that the Secretary doe Acquaint them with the same 

Ordered that the Secretary doe Acquaint the house of Rep- 
resentatives that it is the Opinion of this Board that the 
sending a Messenger Express to New York to Obtain a 
Coppy of the Acts of Assembly pass'd in that Government 
for the Promoting of this Present Expedicon to Canada 
would tend very much to Expedite this said service 

*" Perth Amboy, July 4 [1727].— On Friday last Wequalia (an Indian King) was 
Executed here according to Sentence passed against him, for the Murder of Capt. 
John Leonard. And whereas the said Wequalia had lived a base Inhuman Life and 
Murdered his own Brother and other Indians formerly, so he dyed a Hardened & 
Impenitent Wretch, not shewing the least Remorse for any the Actions of his vile 
Life, nor would he own the Murder of said Capt. Leonard, of which he was so no- 
toriously Convicted."— TfteiYew-JJ/fi/tan'i Wcekbj Journal, Monday, July 17, 1727. 



332 NEW JERSEY COLONIAL DOCUMENTS. [1709 

Att a Councill held at Perth Amboy the 31'' Day of May 
1709 

Present 

The hono'^'^ Coll : Rich" Ingoldesby Esq^ Lieut Gov'" and 
Comander in Chief of the Provinces of New Jersey New 
York &c 

W"' Pinhorn ^ Peter Sonraans ^ 

• W™ Sandford I Hugh Huddy \ ^ „ 

Coll : Dan" Coxe )■ Esq-^^ W"' Hall { ^"^ 

Coll : Rich-* Townley I Coll : Rob' Quary j 
Roger Mompesson J 

Coll: Francis Nicholson & Coll: Samuell Vetch being 
seated at the Board 

The bono' '" Coll : Francis Nicholson and Coll : Sam" Vetch 
having Comunicated to this Board her Maj"^' Instructions 
relating to this Presant Expedicon to Canada & more p''ticu- 
larly the Quotos of men and Moneys and Provissions &g that 
this Province is to furnish Towards the same 

Resolved Nemine Contra dicente that this Board doe agree 
that her Maj''*"' Instructions Relating to this Present Expe- 
dicon be forthwith Comply'd withall in all its parts 

Resolved that a Address be drawn to her Maj''* to Ac- 
knowlidg her great care of and favour to the Provinces in 
being at Soe vast an Expence in Promoting and Encouraging 
this present Expedison to Canada 

Resolved that the house of Representatives be Acquainted 
therewith and their Concurrance be desired in the same, And 
that the Secretary Acquaint them therewith 

The Gentlemen of the Councill having presented an Ad- 
dress to the bono'''" the Liev' Governor of this Province 

Ordered that it be entered in the minutes of Councill which 
is as foUoweth 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 333 

To the bono"' Coll: Rich'^ Ingoldesby Esq"^ Liev' 
Governor and Comander in Chief over her Maj""** 
Provinces of New Jersey & New Yorke and Terri- 
tories there unto belonging in America &c 
The humble Address of her Maj*'^' Councill of this her 
Province of New Jersey 

May it please your Hon' 

From the Long knowlidg of your hon""' person and the 
Experience of your Conduct in the discharge of those Trusts 
the Crown has been pleased from time to time to hon"^ you 
with in this and our neighbouring Provinces wherein your 
fidelity to your Sovereign and care in y^ Execuson of the 
Laws whereby the Prorogative of y^ Prince and Liberty of 
the Subject were Equally Supported and the Moderation and 
Justice with a Gentleman like Carrage remarkable in the 
whole Course of your Administrason. Wee have Just grownd 
to Build and Expectation of happiness to return once more 
to this poor disordered Province whose circumstances require 
a Courage Joyned with prudence and Temper to retreeve us 
from those infatuations we Labour under and Mauger all the 
discouragem'^ we have mett with Shall with all Alacrity and 
Zeal Endevour faithfully to discharge our Dutys by Con- 
tributing what in us Lyes to the Support of the Governra* 
according to Law & her Sacred Maj'"''^ Royall Instructions 
which we hope will be of force to disperse these Clouds and 
Break those Charms which Otherwise threaten no less than 
Ruin to this Poor Province 

Roger Mompesson W" Pinhorne 
Peter Sonmans W"" Sandford 

Hugh Huddy Rich*^ Townley 

W" Hall Dan'^ Coxe 

RoB*^ Quarry 

Resolved that William Pinhorne Coll: Dan" Coxe Roger 
Mompesson Coll : Rich'' Townley & Peter Sonmans be A 
Committy to draw the Address to her Maj^'* 



334 NEW JERSEY COLONIAL DOCUMENTS. [1709 

Dies Martis P : M : 30*"^ May 
Att a Councill held at Perth Aniboy present as in y" 
morning The following Lett" & instruction were ordered to 
be Enter'd 

Anne : E, : 

Right Trusty and welbeloved wee greet you well Whereas 
wee are fitting an Expedison with great Expence for the 
Security of our Subjects in your Govern m' from the Neigh- 
bourhood of the French at Canada w''' has been very Trouble- 
some to them of Late years — According to certain proposalls 
Laid before us by our trusty and well beloved Coll : Vetch 
and persuant to the many Apply cations that have been made 
to us by our Subjects who have SuiFered very much from y"^ 
French in that Neighbourhood We doe hereby Strictly 
require and Comand you to be assisting to this Expedison 
after the manner that The Said Coll : Vetch Shall in our 
name propose to you and that you Look upon those parts of 
his Instructions which relate to you and our Governm'^ under 
your care and which we have ordered him to Comunicate to 
you in the Same manner as if they were our Possitive 
CoiSands Directed to y"" Selfe & that you pay the Same 
Obedience to them And Whereas there may be some per- 
ticulars in our Above-mentioned Instructions as that which 
concerns the Place of Randevouz : in which you who Live in 
the Country may be the most proper Judge wee doe therefore 
Leave this and Other the Like circumstances to be Altered at 
Discretion Provided that Coll : Vetch and Coll : Nicholson 
doe Agree with you in any Such Alterason And Provided 
you doe punctually Observe the numbers of Men you are to 
furnish and the time when they are to Appear and be in 
readiness soe to Enter on their Expedison 

And soe wee bid you farwell Given at our Court 

at S' James y" 28"' of February & in the Seventh year 

of our Reign 

By her Maj"*' Comand 

Sunderland 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 335 

To our Right Trusty & Welbeloved John 
Lord Lovelace our Cap' Gen'^ & Govern'' in 
Chief of our Provinces of New Yorke & New 
Jersey in America, or in his absence to the 
Comander in Chief for y^ time being 

Instructions for our Trusty & welbeloved Coll : 
Vetch to be Observed in his Negotiation with the 
Governors of Severall of our Collonys in America 
Given at our Court at S' James the 28*^ day of Febru- 
ary 1708 and in the Seventh year of our Reign 

Whereas you have Laid before us y* proposall of an Enter- 
prise [to] Canada and New found Land which may turne very 
much to the security and Advantage of our Subjects in those 
parts of America as well as to the Prosperity of our king- 
domes in Gen" we having taken the same into our Royall 
Considerason doe Intirely approve of the said Proposall and 
in order to Execute it EiFectually have thought fitt • to give 
you these following Instructions 

You Shall Immediatly repare on the ship Appointed by 
our high Admiral for the Transporting of you with such 
officers as shall be sent under your Coinand to Severall of 
our Colonys in North America Upon your Arivall at New 
Yorke you are to deliver to our Governor of that place a 
Letter from us and Comunicate to him these our Instructions 
Acquainting him that we shall Expect from him punctuall 
and ready Complyance in all such as relate to him You 
shall represent to him that out of our great desire to answer 
the frequent Application w"*" have been made to us by our 
Good Subjects of those parts to deliver them from the Neigh- 
bourhood of the French at Canada which of Late years has 
been very troublesome to them we have fitted out an Expe- 
dison the particulars of which you shall Lay before him and 
withall Lett him know that we strictly require and Injoyn 
him to give such an assistance to the said Exj^edison as is 
hereafter Specified 



336 NEW JERSEY COLONIAL DOCUMENTS. [1709 

You Shall signifie to him our Pleasure that y^ Governm' 
of New Yorke doe furnish a Quoto of Eight hundred Men 
Including the four standing Companys and that the Citty 
regiments of Yorke and Albany do Duty in the Fort during 
the Absence of the said Standing Companys 

You Shall at the same time Acquaint him that New 
Jersey is to furnish Two hundred men Conecticutt three 
hundred and fifty men and Pencilvania a hundred & fifty soe 
that the whole force will Consist of Fifteen hundred Eifec- 
tives which are to be disposed into four Battalions each 
Battalion to have one of the four Regular Companys mixed 
& Incorperated in it and to be Comanded by the Cap' or 
Coll : whose Company is so incorperated in it and under him 
by y* respective officers of the Country Troops the officers y* 
goe with you and designed for New Yorke to be distributed 
Amongst the Companys as the Govern'^ & in * * * * * 
with the Comander in Chief shall think best for the service 

You Shall Likewise Acquaint our aforesaid Governor in 
our name that we doe comand & Expect from him that the 
Quotas of his Governm' be ready at Albany with all things 
Necessary for y^ Expedicon by the middle of may next 
Ensuing at furdest & that he furnish all the Troops what 
Arms & Amunition they want out of the Magaziu at New 
Yorke & that he doe forthwith gett together and keep in 
readiness three Months Provission for his Quota of men to 
be Transported and Lodged in some Convenient place at the 
wood Creek or Elsewhere for the security of which he shall 
in Conjunction with the Governor of Conecticut and Pencil- 
vania cause to be built a Large Wooden Store house as also 
Six or more Large Boats that will Carrie Sixty men each for 
the Transportacon of their heavier Stores by Water and alsa 
Contract with the five Nations to make with Allspeed as 
many Cannoes as will be wanted for the said Expedicon 

You Shall moreover Enjoyn the aforesaid Governor in our 
name to Comand and Engage y* Aforesaid five Nations as- 
also the River Indians to Joyn with all their fighting men 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 337 

on the Said Expediton and promiss them good presents if 
they doe 

You Shall Likewise Acquaint him that it is our pleasure 
that he give all fitting Encouragem' to any Gentlemen or 
Others that shall offer themselves to goe as Volunteers in 
this our Service 

You Shall deliver a Letf from us to y*" Gov'' of Connecti- 
cutt and An Other to the Governor of Pencil vania for the 
Time being and Signifie to them our Royall will & pleasure 
and that they and their Quotas of Men & Provission be 
ready by the middle of May at farthest Acquainting with all 
y* the Govern'' of New Yorke is ordered to assist them with 
what Arms and Amunition they shall want 

After having finished your Negociation for the foregoing 
Expedicon with all possible Secresy and Dispatch You shall 
deliver a Letf from us to our Governor of New England 
and an Other to y* Gov"' of Rhod Island for the Time being 
strictly Enjoyning and Comanding them in our name to cause 
at Least Twelve hundred of their best men according to their 
Usuall proporcons and to give all fitting Encouragem' to any 
Such as shall offer themselves to goe Volunteers in the 
Expedicon whether Gentlemen or Others as also to have in 
readiness a sufficient Number of Transports with three 
months Provission and Able Pilots Whereof Cap' Southwick 
is to be one & to goe in his own Gaily and that may be 
ready to Embark by the Middle of May upon the Arrivall 
of the fleet from England and for their greater Eucourage- 
ment You Shall Acquaint them that we have ordered Arms 
And Amunition to be sent with you for the number of troops 
they are to furnish which Arms & Amunition you shall Ac- 
cordingly deliver to the severall Corapanys in presence of the 
Govern'' or Commissiary of the Country taking a receipt for 
the same which shall Transmitt to our Board of ordinance in 
this Kingdom 

22 



338 NEW JERSEY COLONIAL DOCUMENTS. [1709 

You Shall with the Concurrance & advice of the Governor 
of New England Contract with Ship Carpenters for the Build- 
ing of Tenn or more Large flatt bottom'd Boats that will 
Carrie Sixty men each for the Landing of Troops & also Con- 
tract with proper persons for y^ furnishing of eight Months 
Provission to the Troops that shall be Left at Quebeck and 
Mount riall if it shall please God to make our forces masters 
of those places and give us the Success that we hope for from 
this our Expedicon 

And to the end that Nothing may be wanting on our parts 
towards engaging the severall Goverm*^ to Act with the 
Utmost Spiritt and Viguer in this Expedicon You Shall 
Assure them in our name that Such of the Governm'^ as 
Contribute towards the Reduction of Canada Shall have a 
preferance both with regard to 'the Soyle and trade of the 
Country when reduced to any Other of our Subjects and 
when they shall have Among themselves any 

reasonable proposalls for Securing to their Respective Collonys 
y" Benifitts of the said Soyle and trade we shall not be want- 
ing to give the Royall Sanction to the same, 

You Shall Comunicate these our Instructions to Coll: 
Francis Nicholson who has offered himself to goe as a Vol- 
unteer in this Expedicon & further out of regard to his 
known Abilitys & Zeale for our Service wee doe require that 
you should admitt him into your Private Consultacous with 
our severall Governors on the Methods for putting this your 
proposall in Execucon and if by reason of the Distances of 
time and place any Other preparation may be necessary for 
the Carrieing on this Expedicon which we could not here 
foresee and which is not Contained in these your Instructions 
You Shall with the Concurrance of the Governor who is to 
assist in any such Service & if Coll : Nicholson make any 
preparation tho it is not in Your Instructions. Provided 
that it appear to you Absolutly Necessary for the Carrieing 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 339 

on of the Expedicon as afores*^ And that the Governor and 
Coll : Nicholson do Intirely concurr with you in Judging it 
to be Soe* A E, 

Sunderland 

Ordered that a Bill be Drawn to prevent any p''son from 
Leaving this Province in order to prevent their Serving on 
this Present Expedicon to Canada and that Roger Mompesson 
Major Sand ford & Hugh Huddy Esq" be a Comitte to pre- 
pare the same And that M'' Attorney Gen" doe attend the 
said Comittee to morrow Morning at nine of the Clock at 
Turnbulls 

Att a Councill held at Perth Amboy 
the first day of June 1709 : 

Present 
the hono"^ Coll: Rich*^ Ingoldesby Esq'' Liev' Governor &c 

W" Pinhorne ^ Roger Mompesson 

W"^ Sandford } ^ ^^ Peter Sonmans 

Coll : Dan^i Cox f -^^"1 Hugh Huddy 

Coll : Rich'* Townley j W" Hall 

Coll. Robt Quary 

Coll: Francis Nicholson and Coll: Samuell Vetch being 
Seated at the Board 

Roger Mompesson Esq'' reported from the Comittee Ap- 
pointed to prepare a Bill for the Preventing persons from 
Leaving this Province or Absconding in order to prevent 
their serving in this present Expedicon to Canada that he 
had prepared the said Bill which being brought in 

The Bill Intituled an Act for preventing persons Leaving 
this Province or Absconding in order to prevent their serving 
in this Present Expedicon to Canada read the first time 

And Ordered a Second Reading 

The said Bill Intituled as aforesaid Read the second time 



*See Penn. Col. Records, II., 419 et seqq. 



340 NEW JERSEY COLONIAL DOCUMENTS. [1709 

aud Comitted to the Gentlemen of the Couneill or any five of 
them. 

Coll: Pinhorne reported from the Comittee appointed to 
draw up an Address to her Maj"'' Acknowlidging her great 
care of & favour to the Provinces in being at soe vast an 
Expence in Promoting the Present Expedican to Canada that 
they had prepared the same w'^'' was read 

Ordered that it be refered to the Gentlemen of the Couneill 
or any five of them 

Ordered that an Adress be drawn up by this Board to de- 
sire that the hono^'^ Coll : Francis Nicholson will be pleased 
to take the Gen" Comand of the forces to be sent out of this 
Province and that it be referred to any five of the Gentlemen 
of the Couneill to prepare and Draw up the Same 

Ordered that the Secretary doe goe to the house of Repre- 
sentatives and desire that they would deliver to him all the 
Comissions & other papers that were delivered to them by 
the Liev' Governor in Couneill. 

Ordered that Coll : Nicholson & Coll : Schuyler Comissions 
and the Instructions and Orders of Couneill from the severall 
Governm*^ of New Yorke New Jersey Conecticut and Pencil- 
vania be Laid before the Comittee to whome the drawing of 
the Address to Coll : Nicholson is referred 

M'' Secretary Acquainted this Board that he had delivered 
the Message Appointed by this Board to the house of Repre- 
sentatives and that M"" Speaker had delivered to him the said 
Comissions and papers which he Laid before the Board 

Att a Couneill held at Perth Amboy 
this third day of June 1709 : 

Present 
W" Pinhorne President 



Coll : Rich"* Townley ^ Hugh Huddy ^ 

Dan"Coxe j W" Hall ' I 

Roger Mompesson (' ^^^" Coll Rob* Quary j 
Peter Son mans J 



Esq^ 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 341 

Roger Mompesson Esq'" Reported from the Comittee to 
whome the Address to her Maj''^ was referred. That he was 
Directed to report the same without any Amendments 

Ordered that the same be Engrosed 

Roger Mompesson Esq"" reported from the Comittee to 
whome the drawing the address to Coll Francis Nicholson 
was referred that they had mett and drawn the address which 
was read 

Ordered that y" same be Engrossed 

Ordered that the address to her Maj"^ & the address to 
Coll: Fcis Nicholson be entered in the Minutes of the Coun- 
cill Book 

Roger Mompesson Esq"" Reported from the Comittee to 
whome the Bill for the Preventing persons from Leaving the 
Country or Absconding in order to prevent their Serving on 
this Present Expedicon against Canada 

That they have goun through the same and made an 
Amendment to the same which he was directed to report to 
this Board when they would be pleased to receive the same 

Ordered that it be reported Immediatly 

And then Roger Mompesson Reported the said Amendm^ 
which was agreed to by this Board 

Ordered that the Bill with the Amendm" be Engrosed 

Ordered that the Severall Comissions & Other papers laid 
by the hono'''^ Coll : Francis Nicholson before this Board 
being Agreed to & Approved by them be Entered in the 
Minutes of the Councill Book 
As followeth Vizt 

A Comission from the bono'"'* Coll : Richard Ingoldesby 
Lieu' Governor and Comander in Chief of the Province of 
New Yorke New Jersey &c Gordon Saltonstall Govern"' of 
Conecticut Charles Gosking [Gookin] Liev' Governor of Pen- 
cilvania 

To the hono''^'' Coll : Francis Nicholson to Comand the 
forces in the Land Expedicon to Canada 

Comission from the same persons to Coll : Schyler to 
Comand the Indians 



342 NEW JERSEY COLONIAL DOCUMENTS. [1709 

Three Agreem'^ of the said Governors dated 23^ of Maj^ 

1709: 

Coll : Vetch's Memoriall dated the IS*'' of May 

The Address from the Governor and the Councill & 

Assembly at New Yorke 

New Yorke May y^ 18"' 1709 : 

To the hono"^''^ Coll : Rich'' Ingoldesby Esq"" Liev' Governor 
& Comander in Chief of the Provinces of New Yorke New 
Jersey and the hono''''' Gordon Saltonstall Govern'' of Con- 
necticutt and to the hono''" Coll : Charles Gookin Liev* Gover- 
nor of Pencilvania the following Memoriall Sheweth 

That whereas her Maj*" hath been pleased to order a Cer- 
tain Number of Troops to be raised out of the several 1 
Governm*^ under your Comands in order to Attack Canada 
conform [abl]e to the severall Quotas Specified in her E-oyall 
Instructions to Me for that eifect bearing date the 28"' of 
February 1708 in the Seventh year of her Maj""' Reign and 
by her Royall Lett''' to you severally bearing date the 28"' of 
February & the 2'' of March in the Abovesaid Year hath 
Signified to you her Royall Pleasure that these her Instruc- 
tions to me Should be Look'd upon & Observ'd by you as 
her possitive order directed to each of you 

It being Absolutely Necessary for the good of her Maj'"^ 
Service and the designed Expedicon the particular direction 
of which her Maj"^ hath been pleased to Intrust me withall 
that there be A Generall or Coiiiander in Chief Appointed 
for having the supream Comand of all your Troops who ar6 
to be soe Jointly Imploy'd in the said Expedicon by Laud. 

I Doe therefore by Virtue of y" aboves'' power to me 
Earnestly recomend it to your care and Consideracon with all 
possible dispatch Unanimusly to make Choice of Some per- 
son whose Courage Experience Zeale and known Loyalty may 
render him Worthy soe great a Trust your hearty and ready 
complyance with this as it will promote very much her 
Maj"^' Service and y^ present Expedicon Soe it will offer me 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 343 

an Oppertunity by the first Ships to Acquaint her Maj"® & 
the Ministry w'^ the same as well as with all other advances 
made for fully putting in Execueon her Royall Instructions 
to me who am with all possible regard 

Gentlemen yo'' most humble Serv* 

Sam" Vetch. 

Att a Councill held at Fort Anne in New Yorke 
this 23'' of May 1709 : 

Present 
The bono"" Rich'' Ingoldesby Esq' Lieu' Gov' &c 



Coll : Schuyler "j M' Mompesson ^ 

M' Yandam I M' Barbaree i 

Coll : Heathcoat '} Esq'^ Coll : Peartree .' 

Coll : Wenham j Cap* Provost j 

M' Renselaer j 



Esq' 



Coll: Nicholson and Coll: Vetch Coll: Saltonstall & Coll: 
Gookin Seated at the Board. 

Whereas the five Nations of Indians and Other Indians 
under the Alegiance of her Maj''® in League with her Maj*'®' 
Provinces of New Yorke Collony of Conecticut, Province of 
New Jesey and Pencilvania are intended to goe in this Land 
Expedicon against Canada to be Comanded by the hono*"'® 
Coll : Francis Nicholson and it being Impracticable to forme 
them into any Regular Body or Incorperate them in the 
Christian Forces, to be sent from the Provinces aforesaid or 
to be under any regular rule or Dissipline of AVarr it is 
therefore Agreed that the said Coll : Nicholson doe take upon 
him the Comand of the said Indians & to rule & Govern 
them as he shall think be best for the said Service 

It is agreed that a Comission be drawn for Coll : Schuyler 
to Comand the Indians According to Coll : Nicholsons Recom- 



344 NEW JERSEY COLONIAL DOCUMENTS. [1709 

mandacons with a Clause y' in Case of his Death Absence or 
Disability or any Extrordinary or Other Occasion its to be 
Left to y" Comander in Chief to Imploy such and so many 
Other persons as he shall think proper for the service 

RiCH'^ Ingoldesby 
Gordon Saltonstall 

ChA : GOOKIN 

To the Hono"" Coll : Francis Nicholson The Ad- 
dress of the hono"^'" Rich'' Ingoldesby Esq' Liev' 
Governor and Comander in Chief of her Maj"^' Coll- 
onys of New Yorke New Jersey, of the hono'''" Gordon 
Saltonstall Esq"' Govern'' of the CoUony of Conecti- 
cut of the hono'^'" Charles Gookin Esq'' Liev' Governo"" 
of the Collony of Peucilvania And of the Couucill & 
assembly of the said Province of New Yorke 

Her Most Gracious Maj''" haveing been pleased upon a 
Scheme laid before her by the hono"^ Coll : Sam" Vetch to 
fitt out an ExpediC'on at a great Expence Against Canada 
which [we] are very sensible is intended both for The Honnor 
of her Maj""'* Arms and the Inlargements of her Dominions in 
Generall and the more Immediat good and Welfare of these 
her Collonvs the direction her Maj"'' hath been pleased to 
Conferr on the said Coll : Vetch as Appears by her Royal 1 
Instructions to him as well as her Letters to the severall 
Governors of these her Goverm'^ and the said Coll : Vetch 
having represented to us that it will be Absolutly Necessary 
that there be a Comander in Chief Appointed [of the] forces 
Raised & Raising in the afores** CoUonys hath recomend it to 
us, to think of Some proper person for the said Comand 

Upon a due Consideraoon thereof and being highly Sensi- 
ble of your Courage Abilities & integrity Manifested on all 
Occasions in the severall Governm'^ Comitted to your care by 
her Most Sacred Maj''" and htr Royall Predecessors and par- 
ticularly of the Zeale \ou have shown in offering your Vol- 



1709] 



JOURNAL OP GOVERNOR AND COUNCIL. 



345 



untary Service to her Maj"^ in this Expedicon,Wee doe there- 
fore Unanimusly request and Desire you take upon y" the 
Comand of the Forces before menconed v/''^ we are perswaded 
will greatly advance the end of this Expedicon and we must 
Confess the fatigue thereof will be very Extrordinary yett we 
are Assured your Zeale for the service aforesaid will determine 
you not to decline it We are 

S" Yo" hon'^ most humble 
Fort Anne in New Yorke Serv'' 
this 23"* day of May 1709 Rich'^ Ingoldesby 

Gordon Saltonstall 
Cha: Gookin 



Councill 

Peter Schuyler 
Kip Van Dam 
Caleb Heathcoat 
Tho: Wenham 
W"" Kenslear 
Roger Mompesson 
John Barbaree 
\V™ Peartree 
David Provost 
John Beeckman 



Assembly 

W"i Nichols Speaker 
Sam^^ Mulford 
John Solman 
John Townsenb 
Henry Beachman 
Josiah Hunt 
Tho : Garton 
Henry Van Renslear 
Cornelius Van Brunt 
Joseph Darby' 
John Drake 
Cornelius Sebring 
John Johnson 
John Vanhorne 



Assembly 

John Hardingbrock 
RoB*^ Livingston 
Peter Goring 
John Schuyler 
MiNDERT Schuyler 
Ebenezer Wilson 



Att a Councill held at Fort Anne in New Yorke this 23*^ 

of May 1709 

Present 
The hono''''^ Rich'* Ingoldesby Esq"" Liev* Govern"' 

Coll : Schuyler ") M'' Mompesson ^ 

M' Van Dam I M' Barbaree j 

Coll : Heathcoat j- Esq'^^ M^ Phillips '} Esq" 

Coll : Winham j Coll : Peartree | 

M"" Renslear j Cap : Provost J 



346 NEW JERSEY COLONIAL DOCUMENTS. [1709 

Coll : Nicholson Coll : Vetch Coll : Saltonstall Coll : Gookin 
being Seated at the Board 

It is Agreed that forces Sent from New Yorke on this 
Expedicon be formed into Two Regiments that in Case of 
the Death or Disability of the Comander in Chief Coll: Peter 
Schuyler who is to be the Eldest Coll : of the said Two Regi- 
ments to be sent from New Yorke doe take upon him the 
Comand that in case of his Death or Disability the Other Coll : 
of the said Forces doe Take Upon [him] the Comand, after 
him the Coll : of the Regiment of Connecticut to take the 
Comand after him the Coll : of the Regiment of New Jersey 
and Pencilvania and that those respective officers under them 
Take places Accordingly pursuant the Rules & dissipline of 
Warr And that the severall Comissions ct Instructions from 
the Respective Gov^ernors the officers Comanding their Forces 
be made According to the Comissions & to be given to the 
Comander in Chief & to this Agreement, 

Given under our hands & seals the 
day and year above written 

Rich'' Ingoldesby 
Gordon Saltonstall 
Charles Gookin 



Att a Councill held at Fort Ann in New Yorke this 23'' of 
May 1709 

Present 

The bono"' Rich*^ Ingoldesby Esq' Liev' Gov' and Com- 
ander in Chief &c 

Coll : Schuyler ^ Coll : Peartree ^ 

M' Vandam l Esq" M' Mompessou ! p, rs 

Coll : Heathcote j M' Renslear I ^^ ° 

Cap' Provost j 

Coll: Nicholson Coll: Vetch Coll: Saltonstall & Coll: 
Gookin being seated at this Board 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 347 

It is agreed that the Regiment of Conecticut be formed 
into Companys each Company to Consist of fifty men as near 
as can be and of one Cap' Two Liev'^ Two Serg*^ Two Cor- 
poralls and Two Drumers and to the Regiments of New 
Jersey and Pencilvania and that the Comissions by their 
respective dates doe distinguish the security [seniority] of the 
severall officers that there be Appointed An Adjatant and 
Quarter Master to Each regim* 

It's agreed that Articles of Warr produced at the Board 
Represented by William Bradford in New Yorke 1709: are 
to be the Articles by which the body of men under the 
CoiBand of the bono'''*' Coll: Francis Nicholson is to be 
Governed 

It is agreed that those officers following be appointed 
(Vizt) A Judg Advocate and A Clerk and A Provost Mar- 
shall 

And there be Appointed a Secretary of Warr Two Clerks 
and Two And d' Campt 

It is agreed that y" Coll : L' Coll: & Ma^ of each regiment 
have A Company 

Rich'' Ingoldesby 
Gordon Saltonstall 
Cha: Gookin 



By the hono'''' Rich'' Ingoldesby Esq'''' Liev' Governor 
and Comander in Chief of the Province of New York 
and New Jersey : The hono'''^ Coll : Gordon Saltonstall 
Esq"" Governor of the Collony of Connecticut and the 
bono'''® Charles Gooking Esq'" Liev' Govern'' of the 
Province of Pencilvania 

Whereas her Maj''^ by her Royall Letter to the Right 
hono^'^ the Lord Lovelace Governor of the Provinces of New 
Yorke New Jersey and the Comander in Chief of the said 
Provinces bearing date the Twenty Eighth day of February 
in the seventh year of her Reign, By her royall Letter to the 



348 NEW JERSEY COLONIAL DOCUMENTS. [1709 

Governor of Connecticutt bearing date the 2'^ of March in 
the said Seventh year of her Reign By her Royall Lett"^ to 
the Liev' Governor or Comander in Chief Of the Province 
of Pencilvania bearing date Likewise the said 1^ day of 
March. And her Royall Instructions to the bono**'* Coll: 
Samuell Vetch bearing date the said 28"' day of February 
has ordered and Directed us to raise A Certain Number of 
Troops in our Respective Governm*' According to the Quotas 
therein Exprest in order to Subdue Canada And Whereas 
upon the Representacon of of [sic] the said Coll : Vetch we have 
Joyned men our earnest request to you to take upon you the 
Comand of the said Forces as appears by an Instrument in 
writing bearing even Date herewith Wee Doe therefore hereby 
Nominate Constitute & Appoint you Francis Nicholson Esq'' 
Comand"" in Chief of the Forces Raised or to be Raised in all 
or any of our Respective Governm'' to be sent and Imployed 
in the Land Expedicon ag'' Canada with All the Powers and 
privilidges usually to be Invested in any Comander in Chief 
According- to the Rules & Dissipline of Warr and we doe 
hereby Strictly charge & Comand all Our Officers and Sol- 
diers sent and to be sent on this Expedicon to Obay [him] as 
their Comander in Chief 

Given under our hands and Seals at Fort Ann in New 
Yorke this 23' day of May in the eighth year year [sic] of 
the Reign of our Sovereign Lady Ann by the Grace of God 
(^ueen of Great Brittain France and Ireland Defender of the 
faith Anno(| Dom 1709 

RiCH*^ Ingoldesby 
Gordon Saltonstal 
Cha: Gookin 

By the hono''"^ Coll : Rich'^ Ingoldesby Esq'" Liev' 
Gov"^ and Comander in Chief of the Provinces of New 
Yorke New Jersey &c And the bono'''" Gordon Salton- 
stall Esq"" Govern'' of the Collony of Conecticutt. 
And the hono'''^ Charles Gookin Esq"" Liev' Governor 
of the Pro vi ace of Pencilvania 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 349 

Whereas the five Nations of Indians & other Indians under 
the Allediance of her Maj"^ and in League w"" the Governm' 
aforesaid are to goe in this Expedicon Ag'' Canada under the 
Coiiiand of the hono'''* Coll : Francis Nicholson Esq"" And 
Whereas the said Coll : Nicholson hath recoraended Coll : 
Peter Schuyler to us as a proper person to have Comand and 
Ordring of the said Indians Subordiant to him We therefore 
Reposing Speciall Trust and Confidence in the Loyalty Cour- 
age and Ability of you the said Peter Schuyler Doe hereby 
nominate Constitute and Appoint you to Comand all and 
every the said Indians Dureing the aforesaid Expedicon 
hereby requiring and Comanding you to Obay Such ord^'s and 
directions therein as you shall receive from the said Coll : 
Francis Nicholson or Other your Superior officer or officers 
according to the Rules and Dissipline of Warr And in case of 
tjjie Absence Death or Disability of the [said] Coll : Peter 
Schuyler or upon any Extraordinary or Other Occasion the 
said Coll : Francis Nicholson or [as] to him shall seem meet is 
to Appoint & Comissionate Such and So many Other person or 
persons to have the Coiuand of the Aforesaid Indians or any 
number of them as he shall Judge Convenient Given under 
our hands and Scales at Fort Anne In New Yorke this 23*^ dav 
of May in the Eighth year of the Reign of our Sovereign Lady 
Anne by the grace of God Queen of Great Brittain France 
and Ireland Defender of the faith &c Anno Doin 1709: 

Rich'' Ingoldesby 
Gordon Saltonstall 
Charles Gookin 

Att a Councill held at Perth Amboy 
this 3<' day of June 1709 : 

Present 
William Pinhorne Esq"" President 

Coll : Rich'' Townley ^ Hugh Huddy >| 

Coll : Dan" Coxe VEsq^^ W" Hall VEsq^^ 

Roger Mompesson J Coll : Rob' Quary j 



350 NEW JERSEY COLONIAL DOCUMENTS. [1709 

Coll: Francis Nicholson and Coll Samuell Vetch being 
seated at the Board 

The Bill Intituled an Act for preventing persons Leaving 
this Province or Absconding in order to Prevent their Serving 
on this Present Expedicon Against Canada Read the third 
Time and passed. And ordered that M'" Hall doe Carrie it 
to the house of Representatives for their concurrance 

The Address to her Maj''* from the hono''^' the Liev' Gov' 
and Comander in Chief, being Eugrosed was read and 
Ordered that it be sent up to the house of Representatives in 
Order to their Concurrence with the same and Coll Dan" 
Coxe be appointed to Carrie up the same 

The Ingrosed Address of the hono'''^ Coll : Richard 
Ingoldesby Liev' Governor and Comander in Chief &c & 
Council 1 to Coll : Francis Nicholson was read. 

And ordered that it be Comitted to the same Comittee. 

Weequehela the Indian Sachem appeared According to 
order and Acquainted this Board after a Large Conferance 
that he would give notice to all the Young men & make what 
hast he Could to See who would Comply with the Proposall 
of Going to Canada and when he knew it he would bring 
word. But if the Liev' Governor should be gonn and the 
Councill Dispersed he desired to Leave Word at Georges to 
whome he must Apply himselfe 

Att a Councill held at Perth Amboy 
this 3*^ day of June 1709 : 

Present 
William Pinhorne Esq"^ President 

Coll : RlcV Townley -v Hugh Huddy -| 

Coll : Dan" Coxe I Esq" W'" Hall V Esq'^ 

Peter Sonmans J Coll : Rob' Quary J 



1709] JOURNAL OP GOVERNOR AND COUNCIL. 351 

Coll : Townley reported from the Comittee to whome y^ 
Address from the hono''^^ Coll : E.ich'^ Ingoldesby Esq"" Liev' 
Governor and Councill to the hono''^^ Coll : Francis Nicholson 
[was committed] that they have gone through the same & 
made an Amendm' thereto which was read and Agreed to 

Ordered Nemine Contra dicente that the said Address doe 
pass 

Ordered that the secretary doe carrie up the Said Address 
to the house of Representatives to desire their Concurrence to 
the same 

Ordered that the secretary doe carrie up all the Comissions 
and papers ordered by the Board to be entered in the Councill 
Book for their Concurrence thereto 

Ordered that the secretary put the house in mind of the 
Councills Address to the Queen and desire their Concurrance 
thereto or that they returne it to this Board 

Att a Councill held at Perth Amboy 
June the third 1709 

Present 
W" Pinhorne Esq" President 

Coll: Rich-i Townley 1 Hugh Huddy ^ 

Coll : Dan^i Coxe VEsq'^^ VEsq'^ 

Peter Sonmans j Coll : Rob' Quary j 

The secretary returned and Acquainted this Board y* he 
had delivered the Address According to ord'^'^ 

The secretary Likewise did deliver the Comissions and 
Other papers Ordered 

As also he did put them the house in mind of this Boards 
Address to the Queen 

The Address from the hono''^* Coll : Rich** Ingoldesby Esq' 
Liev' Govern'' and Comander in Chief of the Provinces of 
New Jersey New Yorke & Councill & Generall Assembly to 
the hono^^^ Coll : Francis Nicholson to take on him the 



352 NEW JERSEY COLONIAL DOCUMENTS. [1709 

Supream Comand of the forces to be Imploy'd in the Present 
Expedicon Ag'' Canada Signed by some of the Representa- 
tives and Gentlemen of the Councill and is as followeth 

To the bono*''" Coll : Francis Nicholson Esq' The humble 
Address of the bono''' Coll : Richard Ingoldesby Esq"" Liev' 
Governor and Comander in Chief of the Provinces of New 
Jersey New Yorke & : Councill & Representatives of the 
Province of New Jersey 

May it Please your Hon*^ 

Whereas her Most Sacred Maj''^ has been Pleased to un- 
dertake a Design for the Conquest of Canada and has been 
pleased to conferr the direction thereof on the hono'''^ Coll : 
Samuell Vetch as appeareth by her Royall Instructions to 
him directed and Letf'rs to the Respective Governors of this 
& the Neighbouring Provinces and the s'' Coll : Vetch having 
recomended to us to make Choice of Some proper person 
Worthy Soe great a Trust as to Undertake the Supream 
Comand of all and Sundry the Troops which are to be 
Jointly imploy'd in y^ Expedicon ag" Canada by Land we 
can fix our Thoughts on none Soe Worthy that Noble Im- 
ploy as your hon' And when first We heard of your Gener- 
ous Embarking as a Volunteer in the Design formed by her 
Maj''^ ag^' Canada it highly Euspirited us to Look for success 
from the und^taking Your hon" knowlidg of the Country 
and People's knowlidg of your hon"" attending with. 
Justice Seldome found of honuouring Virtue According to 
its meritt will make Soldiers List readily and Serve Chear- 
fuUy where they have that Valine & aifection for their 
Comander 

Our Neighbours we here have had the Same Sentim" w*'' 
us and Can Claim no Advantage over us but that they have 
had an Opertunity before us of Addressing your hon"" that 
you would be pleased to take upon you the Comand of those 
forces of Christians and Indians Raised in the Provinces of 
New Yorke New Jersey Conecticutt and Pencilvania designed 



1709] JOURNAL OF GOVERNOR AND COUNCIL,. 353 

for y* attacking Canada by Land Your hon" Fidelity Courage 
Conduct Justice and Generossity with Other Virtues Kequisite 
for Such A CoiSand are so Generally known amongs* us that 
there is no man who would not Joyfully Joyn in this Our 
Address to your hon'^ to oblidge our Province and our Nation 
with the Undertaking the Comand of All the Forces Imployed 
Ag'' Canada by Land would forfeitt his Reputacon both of 
sence and honesty. So Generall A Justice is paid to your 
hon''" Meritts y* the hearts of As many as wish well to their 
Country Joyn with us in this our Address 

EiCH'' Ingoldesby 

Assembly Councill 

Speaker Tho : Gordon William Pinhornb 

John Harrison RiCH<i Townley 

Tho: Farmer Dan" Coxe 

Elisha Lawrance Eoger Mompesson 

John Ryce Peter Sonmons 

Gershom Mott Hugh Huddy 

John Treat W™ Hall 

Nath^i Breading Rob' Quary 
Benj: Lyon 
Elisha Parker 

EZEKILL ElDRIDGE 

Enoch Mackilson 



At a Councill held at Perth Amboy 
this 4'^ day of June 1709 : 

Present 
William Pinhorne Esq"" President 

Wm Sandford ^ Roger Mompesson -j 

Coll iRich"^ Townley i Hugh Huddy I Esq" 

Coll: Dan" Coxe [ ^^^^ William Hall J 
Peter Sonmons J 

A Message from the house of Representatives by M' Law- 
rance to Acquaint this Board that the house of Representatives 
had Agreed to the Address to her Maj"' and desired that the 

23 



354 NEW JERSEY COLONIAL DOCUMENTS. [1709 

Blanck in the said Address might be filled up in order to their 
Signing and the Blanck in the said Address being filFd up 
with the Words & the Representatives of the Province of 
New Jersey was Signed by the Gentlemen of the Councill 
present 

Ordered that Major Sandford doe carrie y^ Address from 
the Liev' Governor Councill and Representatives of the Pro- 
vince of New Jersey to the Queen to the house of Represen- 
tatives and Acquaint them that y® Gent'en of the Councill 
had filled up the Blancks with the Word and Representatives 
of the Province of New Jersey and Severall Signed the said 
Address in which manner this Board desired their Concur- 
rance 

Att a Councill held at Perth Amboy 

June the 4*'^ 1709: 

Present 
William Pinhorne Esq"" President 

W" Sandford 'j Roger Mompesson ^ 

Coll: Dan" Coxe V Esq'^ Peter Sonmons V Esq" 

Coll : Rich"! Townley j Hugh Huddy J 

A message from the house of Representatives by M"^ Mott 
to Acquaint this Board that he was Comanded by the house 
to deliver this to the Gentlemen of y® Councill which Words 
he Acquainted this Board were the Words he received from 
the Speaker which was the Address to the Queen 

Ordered that it be taken into Consideracon on Munday. 

Att a Councill held at Perth Amboy 
the 6'>^ June 1709 

Present 
William Pinhorne Esq"^ President 

Coll : Rich*^ Townley ^ Peter Sonmons "| 

Coll: Dan" Coxe I Esq" Hugh Huddy V Esq" 

Roger Mompesson j Will"' Hall J 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 355 

The order of the day for Taking into Consideracon the 
Message from the house of Representatives on Saturday Last 
by M'' Mott being read & this board finding that the Address 
to the Queen which was then returned was not Signed by the 
house of Representatives in the Manner as was Expected by 
the Gentlemen of the Councill and Exprest in their Message 
& in Conformity to the Address past by the Liev' Govern'' 
and both houses to the hono''^^ Coll : Francis Nicholson and 
Amendments Incerted by the house of Representatives which 
this Board does not agree to and this board reasonably Ex- 
pecting their Express concurrance to the said Address and a 
perticular Subscription of every member thereunto that was 
presant that it might plainly Appear that every member of 
her Maj"*"' Councill and the house of Representatives did 
heartily Concurr in the same According to the Recoinendation 
of the hono''^^ Coll : Vetch & that there was no Disafected per- 
son who hid himselfe under a Generall Vote or Subscription 

Resolved that the said Address be a New Transcribed 
Resolved that a Cbppy of this order be Transcribed by the 
"Secretary and Carried by him to the house of Representatives 

Ordered that the Secretary doe Transcribe a A [sic] New 
the Address to the Queen to be Signed by the Liev' Governor 
and Coiiiander in Chief and Councill 

Which is as followeth 

To the Queens Most Excellent Maj"' The humble Address 
of the bono'''" Coll : Rich'* Ingoldesby Esq' Liev' Governor 
and Comander in Chief of her her [sio] Maj"'' Province of 
New Jersey 

May it please your Majesty 

The Greatfull Sence of your Maj"*' Royall Bownty and 
care Extended to us In forming a Design for the Security and 
Advantage of your Maj"*'' Subjects in these p'''' Justly Raises 
an Admiration of your Princely Goodness and for ever Claims 



356 NEW JERSEY COLONIAL DOCUMENTS. [170^ 

our Dutifull Acknowlidgment, for your Maj"" will not only 
reap the Generall Glory due to Soe great an Accon Managed 
from that Distance from Europe at the Expence of So much 
Treasure and the Employment of Soe many men Shipping 
and Stores at a Time when the Long Continuance of the 
Warr & presant Circumstances of the Christian World has 
reduced them to Streights and Difficulties. But your Sacred 
Maj"* has hereby placed Such an Obligation upon us and our 
Neighbouring Provinces amounts to the highth of our Wishes 
and the Dispersing of all our fears & by the Blessing of God 
on the Presant Undertaking will render their Northern parts 
of America in as great State of Quiet and Security as any 
part of Europe and as [w]ill also greatly Tend to a National} 
Benifitt for All the Indians must then have an Intire de- 
pendancy upon the Crown of Great Brittain And the Con- 
sequence of Such a Dependance will be no Small Advantage 
to the trade of the Nation in Generall Since it will procure a 
Very great Consumption of our Woolen Manifactury as alsa 
the security of New found Land and the whole fishery there- 
unto belonging whereas at presant by the french having Coin- 
unication and trade w''' the Indians by Lakes and Rivers from 
Quebeck even to the Bay of Mexico They have it their power 
by the help of Severall Great Nations of Inland Indians to 
give disquiet to all your Maj"*' Provinces on this Continett 
and have Constantly Occasioned A Vast Charg to provide for 
our Security which nevertheless hath not Been Sufficient to 
to \_sic] prevent the Loss of A great Number of Your Maj"'^ 
Subjects cut of by the Barbarous Heathen under the French 
assistance Wee doe assure your Sacred Maj"*" that we shall 
use our utmost dilligence to Comply with your Maj*'^^ Royall 
CoiSands in the Raising of the Quotas of men & Support for 
them which your Maj"^ hath required from this your Maj''^^ 
Province for carrieing on the above menconed designe 

Ordered that this order be Coppied out by M' Secretary 
and that he Carrie it up to the house of Representatives 
Coll Coxe Acquainted this Board that there were three 



( 



1709] JOURNAL, OP GOVERNOR AND COUNCIL. 357 

Young men this morning came to him to be Listed as Volun- 
teers and desired to know what Incouragement Should be 
given to them on their Listing and how they Should be Sub- 
sisted Afterwards and with all gave Notice that upon any 
Tollerable Incouragem' Given severall Others would follow 
their Example 

Ordered that the Secretary doe Acquaint y^ house therewith 
and desire that they would make Some Provission for them 
& for such as shall here after offer themselves to be Listed 

Att a Councill held at Perth Amboy 
June Q'"" 1709 

Present 

William Pinhorne ^ Peter Sonmons ^ 

Coll : Rich-^ Townley ' ^^ Hugh Huddy VEsq^^ 

Coll : Dan" Coxe f "^ W" Hall J 
Roger Mompesson j 

A message from the house of Representatives by M"" Law- 
rance to Acquaint this Board that as to the Message About 
the persons that desire to be Listed as Volunteers the house 
are Taking all the spedy care they can to raise Money for the 
Encouragement of Volunteers and that for their Subsistance 
Cap* Harrison will Take care for their Supply 

Att a Councill held at Perth Amboy 
June the 7"^ 1709 

Present 

William Pinhorne Esq" President 
Coll Rich'^ Townley 1 t^ rs Peter Sonmons \ -p „ 
Coll Dan" Coxe / ""^ William Hall i '"^ 

A Message from the house of Representatives by M'' 
Breading and M'^ Somers* to Acquaint this Board that the 

* Smith (Hist. N. J.) does not name Somers as a member of any Assembly at tliis 
period. There was a John Somers, of Somers' Point, Atlantic county, at this time, 
who had been one of those who established Friends' Meetings at Somers' Point in 
169b. — West Jersey Surveyors' Association, U06 



358 NEW JERSEY COLONIAL DOCUMENTS. [1709 

house of Representatives had passed a Bill Intituled an Act 
for preventing prosecutions by Informaeons to which they 
desired the Concurrance of this Board 

A Message from the house of Representatives by M"^ 
Brading and M"^ Somers to Acquaint this Board that y* house 
of Representatives had passed a Bill Entituled an Act for the 
assertaining the Rates of Money for the paym' of Debts and 
preventing Exactions on Contracts and Bargains made before 
the first day of May in this present year 1709 

The Act for preventing prosecucous by Informacon was the 
first time read and ordered a second reading 

The Act for Ascertaining the rates for Money for payment 
of Debts and preventing Exaction on Contracts and Bargains 
made before the first day of May in this Presant year 1709 : 
was the first time read and Ordered a Second reading. 

The Secretary having Acquainted the Board that he had 
received the following affidavit and desired that the Board 
will Consider of the same 

James Grover of Middletown Yeoman Aged thirty years 
or thereabouts appearing Voluntarily and being Sworen upon 
the holy Evangelists Deposeth as followeth 

That on fryday the 27* of May Last past that he this 
Deponent being in the Town of Amboy at y® house of Ben- 
jamin Griffith did See a man who he was told was John 
Berckley* to take a knife and Scrape out Something out of a 
Booke which this Deponent thinks was the Records of the 
Province and this Deponent Did Likewise at the same time 
See the same person to write something in the same Book in 
the Same place he had Scraped But knows not what was 
Scraped out nor what was Added and to the best of his re- 
membrance he did Also See him Add a small Interliniation 
near the word that was Scraped out upon which this deponent 
asked him that had made the Alteration in the Booke if this 
were the Way he Served the Records to which he Answered 
there was A Mistake and the same day this Deponent being 
Again at Benjamin Griffith's house did Ask the said Benja- 

* See Whitehead's Perth Amboy, 43. 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 359 

min Whether he Allowed Such things to be done to the 
Records to which he answered that they had been with him 
to doe it but he would not doe it and further this Depon' 

Saith not 

James Grover 
Jurat Coram me June y« 8"' 1709 
William Pinhorne 

Ordered that Benj^ Griffith be Immediatly Sent for to 
Attend the Councill 

Att a Councill held at Perth Amboy 
10"^ of June 1709 

Present 
The hono^'''^ Rich'' Ingoldesby Escf Liev' Governor and 
Coinander in Chief of the Provinces of New Jersey New 
Yorke &c 

Coll : William Pinhorne "^ Peter Sonmons "i ^^ 

Coll: Rich'' Townley V Esq-^^ Hugh Huddy j^^^ 
Coll: Dan'' Coxe J 

On the wording of the Affidavit of James Grover 

Ordered that Benj : Griffith & John Barcley be sent for to 
Attend the Councill Tomorrow morning at Eleven of the 
Clock at Smiths 

The Address from the Liev' Governor and Councill to her 
Maj"^ read and ordered to be Engrossed 

The Act for the Preventing the prossecucons by Informacon 
Read the second time 

And the Question being put whether the said Bill be 
Comitted it past in the Negative 

And the Question being put whether the said Bill be 
rejected it past in the Affirmative 

Ordered that the said Bill be rejected 

The Act for the Assertaining of the rates for payment of 
Debts and preventing of Exactions on Contracts and Bargains 
made before the first day of May in this present year 1709 : 
read the second time 



360 NEW JERSEY COLONIAL, DOCUMENTS. [1709 

Ordered that the said Bill be Comitted to the Gentlemen of 
the Councill or any five of them 

The Proelamacon for a Generall fast Read & Signed & 
Ordered to be sent to the Printer to be printed 

Att a Councill held at Perth Amboy 
June y« 11"^ 1709 

Present 
The honob''^' Rich* Ingoldesby Esq' Liev* Govern' &c 

W" Pinhorne ^ Dan" Coxe ^ 

Coll : Rich-i Townley I Esq'^ V Esq" 

L' Coll : Hugh Huddy J Peter Sonmons J 

On the Motion of William Pinhorne Esq' that a Comittee 
of this Board might be Appointed to Inspect y^ Journall of 
the house of Representatives more Especially relating to this 
present Expedicon Against Canada and their proceedings this 
Sessions and to report the same to this Board* 

Ordered that William Pinhorne Esq' Coll : Rich** Townley 
Daniell Coxe Peter Sonmons Hugh Huddy or any three of 
them be A Comittee to Inspect the Journall of the house of 
Representatives and to report the same to this Board and that 
they order the Gierke of the Assembly doe forthwith Attend 
the Said Coiiiittee 

Ordered that M' Attorney Generall be Immediatly sent for 
to Attend this Board 

Benj" Griffith According to order Attended in Councill and 
being Examined made affidavit as in the affidavit mentioned. 

Att a Councill held at Perth Amboy 
this 11*'' day of June 1709: 

Present 
The Hono'^'^ Coll: Rich"^ Ingoldesby Esq' L* Gov' &c 

William Pinhorne ^ 

Coll : Rich^i Townley I Esq'^ Dan" Coxe ) -^^ „ 

Hugh Huddy J Peter Sonmons i 



*For a full accouut of this expedition see Smith's Hist. N. J., 359 et seqq. 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 361 

His hon' the Liev' Governor in Councill received y® mes- 
sage from the house of Representatives by M'' Treat & M^ 
Eldridg directed to the Councill and desired them to order 
the Gierke to Attend the Comittee of that house with the 
Journall of that board at the house of M"" John Harrisons at 
Six of the Clock this Afternoon (Observe that in the said ord" 
no mention is made of the Liev' Governor who they could 
not but know was presant in Councill and Dureing his being 
in the Province the Members of the Councill have no power 
to Act without him and we further Observe that the Comittee 
Appointed by you are to Inspect the Journall of this Board 
wee presume the proceedings of Councill are to be secrett but 
upon y® Proper Application to the Liev' Governor and Coun- 
cill an order will be granted to the Clerk to Expose to the 
view of Such Comittee as you Shall Appoint All the Entrys 
<fe Minutes kept by y" Councill which have any Tendance or 
relaeon to the Proceedings in the Generall Assembly 

Ordered that the Gierke of the Councill doe Carry up this 
Answer to the house of Representatives 

This Board having received a Message from the house of 
Representatives by M"" Breading and M" Somers the Begin- 
ning of which message were in these word (and upon the 
Consideracon of the Above message) and no recitall at all 
made we cannot understand to what it referrs & require an 
Explanation and in which they Charge this Board With a 
Mistake in their Message to the house 

It is the Opinion of this Board that there was no mistake 
in any message from this Board. And whereas the house are 
Desirous of Seeing Some Transactions of his hon'' in Councill 
as relates to the proceedings of the Generall Assembly. This 
Board have directed the Clerk to Suffer any Comittee Ap- 
pointed by the house on any perticular Accon to Inspect all 
the Proceedings of this board in relation to the same at his 
oflSce 

Ordered that the Secretary Carry the Message to the house 
on Munday Morning Seven a Clock 



362 NEW JERSEY COLONIAL DOCUMENTS. [1709 

Att a Councill held at Perth Amboy 
June the 12'^ 1709 

Present 
The hono^'* Hich*^ Ingoldesby Esq' L* Govern' &c 

William Pinhorne 'j 

Coll : Rich-^ Townley V Esq" Dan'^ Coxe \ -^^ ,, 

Hugh Huddy J Peter Sonmons j 

A Message to the house of Representatives by M' Secretary 
Bass 

ISP Speaker his hon' the Liev' [Governor] in Councill 
requires this house to Attend him Imraediatly at Smiths. 

M"" Secretary Bass returned and Acquainted this Board 
that he had delivered the Above Message to the Speaker 

William Pinhorne Esq' Chair man of the Comittee Ap- 
pointed to Inspect the Minutes of the house of Representa- 
tives meet in pursuance of an order of Councill of the 11'^ 
of June 

Wee have made an Inspection into the Journall of the 
house of Representatives and therein find these following 
Entries 

30* May M' Gardiner reported from the Comittee that they 
had oiFered Severall reasons for an Abatem* of their 
Quotas of men and were answered by Coll : Vetch & 
Coll : Nicholson that they had no Instructions to dis- 
pense w* that part of her Maj"''' Coinands 

3P' May Motion being made and the Question being put 
whether this house will detach men for the Present Ex- 
pedicon it passed in the Negative 

3 June. Resolved the following words in the Address to 
Coll : Nicholson (Vizt) That his hon' would Oblidge our 
Province and our Nation by taking the Supream Comand 
of the Forces Imployed Ag'' Canada by Land. This 
house takes it to Signifie none but Such as doe Volun- 
tarily List themselves under his Coiuand. Upon the 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 36 S 

Question put whether the Address to Coll : Nicholson 
should pass w'^ the Above Explanation it past in the 
Affirmative 
10*'' June Then the Question put whither the Bill Intituled 
an Act for Preventing persons from Leaving this 
Province Should be Comitted or rejected it was rejected. 

The Engrossed Bill for Raising three thousand 
pounds for her Maj"'" Service was Read the third time 
& upon the Question put was rejected 

M'' Gardiner on behalfe of himselfe & the rest of 
y* Members of this house that were of the People Called 
Quakers desired the following entry might be made Vizt 
The members of this house being of the People Called 
Quakers have allways been & Still are for raising of 
Money for Support of her Maj"'' Governm' but to raise 
money for raising of Soldiers is ag'' their Religious 
Principles and for Concience Cannot agree thereto June 
the 13* 1709 

The Above Entries Taken out of the Minutes of the house 
of representatives is humbly reported by 

W" PiNHORNE Dan" Coxe 

RlCH'^ TOWNLEY 

The Speaker with the house Attending : his hon'' Said to 
them as followeth 

Gentlemen 

When I called you together I Acquainted you with the 
Speciall Cause of your Meeting at this time & recomended to 
you the Observation of her Maj''®' Instructions in Providing 
the Quota of Men & Money Expected by her Maj''*' for the 
Carrieing on this Glorious design formed by her Majesty at 
Soe vast an Expence for y® Reduction of Canada I had Just 
reason to believe your own Intrest as well As her Maj''®^ 
Coinands would have Engaged You readily to have Complyed 
therewith but to my Very Great Surprize 1 find you have 



364 NEW JERSEY COLONIAL DOCUMENTS. [1709 

done Nothing therein but Triiled away your Time and hiudred 
me from Attending her Maj*'*' Service whei*e it was Much 
Wanted Wliereforo that iu> more tinio maybe liost and (hat 
1 may Attend the Service of her Maj"" in An Other I'Uiee 
where it is more Necessary I doe therefore with the Advice 
and Consent of her Maj"'^" Councill tliink fitt to Adjourn this 
assembly to the Eight and Twentietli day of July uext i^- 
this Assembly is Accordingly Adjourned to meet at Burlington 

Whereas it Appears to this Board by the affidavit of James 
Grover and the Examination of Benj" Griffith that John 
Berckley hath Scraped out and Altered Something in one of 
the Books of the Records of this Province And that George 
Harrison was Aiding and Assisting in the Same offijnce 

Ortlercxl that Ar Attorney Generall doe Prosecute John 
Barckley and George Harrison At the Next Supream Court 
for the said offence by Information 

Orderetl That a Proclamation be drawn for the Incour- 
agem' ot^ Volunteers 

Att a Councill held at Pertli Amboy 
June the 14"> 1709 

Present 
The hono^"* Rich' Ingoldesby Esq-^ L' Gov^ &c 

William Pinhorne 'j Roger Mompesson \ 

Coll : Rich^ Townley I Esq" Peter Sonmons V Esq" 
Coll : Dan" Coxe J Hugh Huddy j 

Coll : Nicholson i<: Coll : Vetch being seated at y' Board 
On A Debate Ariseing on the Adjourment of y" Assembly 
and Coll: Nicholson <!t Coll : A'etch thinking it to be for her 
Maj"** Service and the Promoting the Present Expedicon that 
the Assembly be Immediatly called again to Meet at Bur- 
lington on the 23'* Instant 

Ordered that the Secretary doe Immediatly Issue out a 
Proclamation for calling the said Assembly to Meet at Bur- 
lington on thursdav the 23''"' Instant June 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 365 

At a CouDcill held at Perth Amboj 
this H'May of June 1709 

Present 
The hono"^ Coll : Rich'^ Ingoldesby Escf L* Gov"- &c 

William Pinhorn "^ Peter Sonmons ^ 

Coll : Pich^ Townley I Esq" I Esq™ 

Coll : Dan" Coxe J Hugh Huddy J 

William Pinhorne Esq' Moved that Least there Should be 
any Miscarriage of the Answer of the Liev' Gov"" & Coun- 
cill to My Lord Lovelace Relating to the Address formerly 
sent home by his hon'' and the Gentlemen of the Councill to 
the Queen that his hon'' would be pleased to take care of 
Transmitting the same to her Maj"* 

The following representation of the Liev' Govern"" & Coun- 
cill to her Maj"*" was this day Signed in Councill and is as 
followeth 

To the Queens most Excelent Majesty The Humble 
representacon of the Liev' Govern'^ and Councill of New 
Jersey. 

May it please your Majesty 

The Deplorable Condieon of y"" Maj"*'' Province being a 
Subject Worthy your Maj"^' Consideracon makes us presume 
to Lay at your Maj''^' Royall Feett this following represen- 
tation and we are the rather Encouraged in it at this time 
from our Aprehentions of Gaining Creditt with your Maj"*^ 
when You Shall find y^ Truth Corobrated by the Testimony 
of the Hono''" Coll : Francis Nicholson and Coll : Samuel 
Vetch who dureing their Stay in the Collony have been Wit- 
nesses of our Divission Nakedness and Disobediance to your 
Maj"*"' Comands from the prevelency of A Sort of People 
amongst us who Tho' not above one Sixth of the Inhabitants 
of the Province yett by a peculiar Address and a Religious 
Cunning Enfluence To many well meaning men with most 



S6Q NEW JERSEY COLONIAL DOCUMENTS. [1709 

Rediculos and Injurous principles Such as are Contrary to 
Civill Governm' prejedishall to your Maj"'" Honner and Dig- 
nity and the Safety and Welfare of the Country Your 
Maj*''® will Easily perceive we mean the Quakers whose Mis- 
chievous Practices in this Collony have been by us formerly 
represented to your Maj*''' in severall particulars but Waving 
them at present Shall Instance only in one Single Accon of 
theirs which has been and wee are afraid will Still be 
Attended with many Unhappy Consequenses The Honob'^ 
Coll : Nicholson and Coll : Vetch having in Obedience to 
jour Maj*'^' Comands Laid before our Present Assembly the 
Necessaty and Advantage of raising men & money to carrie 
on that Glorious Expedicou ag'' Cauda Expected as we 
did ourselves and whole Country their ready Complyance 
in an aifair of that Nature Soe highly redownding to y'' 
Maj''^' Glory and the peace Welfare and prosperity of this 
and our Neighbouring Governm'' the Assembly having under 
their Consideracon the proper Measures to be taken for Car- 
rieing on the Above mentioned Expedicon Could not Come 
to any good Conclusion by reason of y'' Opposition of the 
Quakers who are at present Numerous in that house and 
have declared their principles and what your Maj'"^ and ye 
Country May for the future Expect from them by an Entry 
these people desired might be made and which was done 
Accordingly in the Minutes of the Journall of the house of 
Representatives which wee Shall Lay before your Maj'"^ in 
the words that now Stand Entered there Vizt 

M'^ Gardiner in behalfe of himselfe and the rest of the 
Members of this house that were of the people called Quakers 
Desired the following entry might be Made (Vizt) the mem- 
bers of this house being of the People Called Quakers have 
allways been & still are for Raising of Money for Support of 
her Maj"*' Govern*^ But to raise Money for Raising of 
Soldiers is against their Religious principles and for Concience 
cannot Agree thereto 

From hence your Maj"*" will perceive how fitt Such men 
are to be Admitted into your Maj^'^' Councill the Assembly 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 367 

or any place of Trust in the Governm' and with humble 
Submission we conceive that Unless the Quakers are restrained 
from the managment of Publick Affairs as they are in Great 
Brittain and Are Oblidged to Act Conformable to these 
many Good Laws made for that purpose Your Maj"* can 
never Expect to see an end of the Confusions & Divissions 
which have Soe Long Eeigned amongst us nor Your Maj"*' 
Governm* Hono^'^^ Supported or Defended and though we 
Lye open to the Insults of our Enimies both by Sea and 
Land yett are we soe Cramp't in our Militia that 'tis impos- 
sible w"' Vigour to proceed to our Necessary resistance and 
that the Nakedness and Weakness of this Unhappy Province 
May yett further be made Aparent to your Maj"" there is not 
any the Least Provision made for the Incident Charges for 
the Governm* not one farthing to pay a Messenger or Express 
Dispatcht upon the most Extrordinary Occasions neither 
has the Goverm'^ Creditt Sufficient to subsist the Indians 
Tho' but for one day much less to purchase a Matchcoate to 
present them with when they are Sent for to a Treaty for 
your Maj"^^ hon' & the good of y^ Province 

RiCH'^ Ingoldesby 
William Pinhorne 

RlCH*^ TOWNLEY 

Dan" Coxe 
Peter Sonmons 
Hugh Huddy 

An Address from the Gentlemen of the Coun- 
cill to his hon"^ for the suspencon of Lewis Mor- 
ris Esq'' which is as follows 

To the hono"' Coll : Rich*^ Ingoldesby L' Governor 
and Comander in Chief of her Maj"^' Provinces of 
New Jersey New York &g and Vice Admirall of y' 
same &c 

The humble Address of her Maj"^' Councill of 
the Province of New Jersey 



368 NEW JERSEY COLONIAL DOCUMENTS. [1709- 

May it please Your hon'' 

Wee the members of her Maj"'' Councill now Attending 
our Duty at Amboy in order to the Carrieing on the design 
formed by her Sacred Maj"* Ag^' Canada taking into Con- 
siderac-on the present Circumstances of this her Maj'''^' Pro- 
vince Disturbed & Disordred by factions and Evill Designs 
and knowing how farr M"" Lewis Morris has been concerned 
if not principle Author of All the factions & disorders of 
the Province as Appears by the Answer of your hon'" and 
Councill giv^en to My Lord Lovelace with relation to our 
Address as also his Endevours to Embroill the Governm* at 
such time as this when Union & Joint Endevours of all 
Intrusted by her Maj"* was soe Absolutely necessary by de- 
claring that the Liev* Governors Comission was Invalid and 
Tempering with the Gentlemen of y* Law to bring them to 
Justifie this Soe factious a Notion the 111 Consequence of 
which appeared in the Assembly who would not for Severall 
days Enter upon any Business untill their Scruples thereon 
were Something removed and dureing y' whole Sessions it 
remained a Clogg to buisness to that Degree that after a 
Debate on that Matter in the house where it was Argued the 
Last day save one of the sessions Altho' the [they] did not 
Insist to put it to the Vote yett the [they] Carried it Soe farr 
as [to] Leave out the naming the Liev' Governor then Sitting in 
Councill with us and Wording a Message as if the Governm* 
was only in the Councill, his Declaring to the Very face of 
y' Liev* Governor that he would be his Enimy, his Declining 
his Duty tho' Sumoned to Attend and never Appearing at 
the Councill Since My Lord Lovelaces Death even not at this 
Extrordinary Occasion, and his Eesiding out of ye Province 
from these reasons and the full knowlidge wee each man of 
us have of his Turbulent Temper we thought it our Duty to 
represent to your hon^ that wee Judg it greatly for \\^r 
j^jajtics intrest for the Advancing the present designe and for 
the Peace and welfare of this her Maj"'' Province that the 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 369 

Said Lewis Morris be Imediatly Suspended from his place 

in the Councill Wee Subscribe ourselves 

Yo^ Hon^' Most Obedient Serv*' 

William Pinhorne 
Rich** Townley 
Daniell Coxe 
Peter Sonmons 
Hugh Huddy 

Ordered that for the reasons in the Said Address alledged 
the Said Lewis Morris be suspended from being of her 
Maj*'*^ Councill and from any place or office of Profitt or 
Trust in this Province untill her Maj"*'' Pleasure be further 
known 

At A Councill held at Perth Amboy 

. Dies Veneris 23'' June 1709 : 

Present 
The Honorable Coll Richard Ingoldesby L' Governor & 
Comander in Chief of the Provinces of New Jersey New 
Yorke &c 

Coll : William Pinhorne Peter Sonmans Esqr 

George Deacon Esqr Hugh Huddy Esq 

Coll : Daniell Coxe Coll Rob' Quarry Esqr 
Roger Mompesson Esqr 

A Message from the house of Representatives by M"" Mor- 
ris & M." Crips to Acquaint his honor that their house was 
met & waited to know his honors Pleasure 

A message to the house of Representatives by M' Secretary 
to acquaint the house that his honor Required them to Attend 
him in Councill Imediately 

Coll Robert Quarry Reported That he had waited on 
Collonell Nicholson & Coll Vetch who highly Approved of 
the Representation of his honor the Lieut Governor & Coun- 

24 



370 NEW JERSEY COLONIAL DOCUMENTS. [1709 

cill and had made some Addition thereto in these words & 
then Signed the same Viz' 

Both from our former knowledge of those Provinces 
& what hath Appeared to us upon this Juncture of 
Afairs we are highly Sensible of the truth of the fore- 
goeing memorial! & most humbly Recoinend it to her 
Majestys Royall Consideration 

Fran Nicholson 
Sam" Vetch 

The Speaker with the house attending his honor Spoake to 
them as follows 

Gentlemen 

I have called you togeather againe that I may putt another 
opertunity into your hands of doeing what your duty to her 
Majesty & the Service of the Country Requires at your hands 
& hope you will not be so much wanting to your own interest 
as to Neglect it • 

At your last meeting I find in your Votes A Resolve of 
your house for the Raysing of three thousand pounds for her 
Majestys Service* this Gentlemen is now become A debt from 
you to her Majesty & I think you have nothing elce to doe 
but consider of the ways & means of raiseing it & that A 
proper A plication of it be made for the rayseing & paying of 
your Quota of Men Appointed by her Majesty for the Re- 
duceing of Canada All that I shall further Say to You Is to 
Recomend Spead and diligence in this aifaire & that you 
would lay aside All other buisness at this Session her Maj- 
estys Service Requiring my Speady Attendance at Albany & 
When We Shall have an opertunity of Meeting againe I doe 
Assure you there Is nothing that can Realy tend to her 
Majestys Service & the prosperity of the Country that you 
Shall Represent to Me but Shall be Readily Complj^d 
withall 



*" Here began the paper currency in New Jersey."— Smith's Hist. N. J., SOO, note. 
For interesting particulars regarding this currency, see Smith, ut supra, and N. J. 
Hist. Soc. Proceedings, January, 1883. 



1709] JOUENAL OF GOVERNOR AND COUNCIL. 371 

Dies LuDse 27'^ June 1709 

At a Councill held at Perth Amboy 

Present 
The Honor Coll Richard Ingoldesby Lieu' Gov' & Com**' 
in Chief 

Coll W" Pinhorne Peter Sonmans Esqr 

Coll Dan : Coxe Coll Hugh Huddy 

Roger Mompesson Esq Coll Rob' Quarry 

A Message from the house of Representatives by M"" 
Farmer Capt Parker Capt Morris & M' Natha : Brading to 
acquaint this board that their house had passed a bill intituled 
an Act for the raiseing thre thousand pounds for her Majestys 
Service in this present Juncture to which they desired the 
concurrance of this board 

The Act for the Rayseing three thousand pouiids for her 
Majestys Service in this present Juncture read the first time 
■& ordered a Second reading 

The Act for the Rayseing three thousand pounds for her 
Majestys Service in this present Juncture read a Second time 
<t Comitted to the Gentlemen or any five of them : 

William Pinhorne Esqr reported from the Comitty to 
whome the bill for the rayseing three thousand Pounds for 
her Majestys Service In this present Juncture was Referred 
that he was directed to Report the Said bill without Any 
amendments 

Dies Martis 28''' June 1709 

At a Councill held at Burlington 

Present 
The honora Coll Richard Ingoldesby L' Governour & 
Comd' in Chief 

Coll W" Pinhorne Coll Hugh Huddy 

George Deacon Esqr Peter Sonmans Esqr 

Roger Mompesson Esq' Coll Robt Quarry 

The Act for the Rayseing three thousand pounds for her 
Majestys service in this present Juncture read the third time 



372 NEW JERSEY COLONIAL DOCUMENTS. [1709' 

& the Question being put whither the Said bill doe pass it 
passed in the afirmative with the following Protest by the 
Gentlemen of her Majestys Councill Viz' We the member& 
of her Majestys Councill whose names are underwritten doe 
agree to the bill intituled An Act &c by reason of the present 
exigency of Affaires in this glorious Expedition to Canada 
but doe protest against the expression fol : 15 line : 1 6 : (Gen- 
erall Assembly) by which the house of representatives may 
hereafter pretend to Claime to themselves the title of Gen- 
erall Assembly which by the Queens instructions they ought 
not to doe* and they themselves allow it in the Conclusion of 
the bill whereby the disposall of the remaineing part undis- 
posed of of the fiveteen hundred pounds shall be by Act of 
Generall Assembly by which must be ment Governour Coun- 
cill & Assembly since the Assembly alone cannot pass an 
Act. We likewise protest against the paying or Receiveing 
of money at diferent rates then is mentioned in her Majestys 
Royall Proclamation & Act of Parliament but for the said 
present exigency of Affaires have agreed to the said bill 
besides which the want of paines & penaltys to enforce the 
execution of the said bill & other defects there are which we. 
might object unto but for the reasons aforesaid at present 
forbeare it. 

A Message from the house of Representatives by 



to acquaint this board that they had passed a bill Entituled an 
Act for the inforceing the Currancy of bills of Creditt for 
three thousand pounds to which they desired the Concurrance 
of this board 

The Act for the inforceing the Currancy of Bills of credit 
for three thousand pounds read the first time & ordered A 
Second reading 

The Act for the inforceing the Currancy of bills of Creditt 
for three thousand pounds read the Second time & Committed 
to the Gentlemen of the Councill or any five of them 

*The Queen's Instructions to Lord Cornbury expressly provided (14th and 15th) 
that the " General Assembly " should consist of twenty representatives, to be chosea 
by the people.— SwiWi's Hist N. J., 23/,; Learning and Spicer, G22; N. J. Archives, Il.y 
olO. 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 373 

Dies Martis Post Merid : 28 June 1709 

At a Councill held at Burlington 

Present 
The honorable Coll Richard Ingoldesby L' Gov' & Com*^"" 
in Chief 

Coll William Pinhorne Peter Sonmans Esqr 

Coll Dan Coxe Coll Robert Quarry : 

Roger Mompesson Esqr 

A Message from the house of Representatives by M' Law- 
rence & M'' Lyon to acquaint this board that the house had 
passed a bill for the Incouragement of Volluntiers to which 
they desired the Concurrance of this board and the house 
desired to know what Is done in the two bills sent up the 
last Sitting at Amboy 

A Message from the house of Representatives by M'' Law- 
rence & M"" Lyon to his honour to acquaint him that the 
house prays his honor would CoiSissionate John Harrison for 
Captain & Radyard for his first Lieutenant 

The bill intituled an Act for the Incouragement of Vol- 
luntiers on the expedition to Canada read the first time & 
ordered a Second Reading 

The bill intituled An Act for the Incouragement of Vol- 
untiers on the expedition to Canada Read the Second time & 
Committed to the Gentlemen of the Councill or any five of 
them 

W"" Pinhorne Esqr Reported from the Committy to whome 
the bill for the inforceing the Currancy of bills of Creditt 
for three thousand pounds that they had Considered of the 
Same & made Severall amendments to the said bill which he 
was directed to Report to this board when they would be 
pleased to Receive the same 

Ordered that the Report be made presantly 

Then M"" Pinhorne read the Severall amendments in his 
place & laid them on the table 



374 NEW JERSEY COLONIAL DOCUMENTS. [1709 

And the Said amendments ware Severally Read and Agreed 
to by this board 

Ordered that the Said bill with the Amendments be Read 
the third time 

And the Said bill with the amendments being Read the 
third time 

And the Question being put whither the said bill with the 
Amendments doe pass It passed in the Affirmative 

Ordered that the Said bill with the amendments be carried 
to the house of Representatives for their concurrance thereto 
& that W™ Pinhorne Esqr be desired to Carie the same 

And Also that he acquaint the house that this board had 
agreed To An Act intituled An Act for raiseing of three 
thousand pounds for her Majestys service in this present 
Juncture 

Dies Mercurii 29"^ June 1709 

At a Councill held at Burlington 

Present 
The Honorable Coll Richard Ingoldesby L* Gover"^ & 
CoEuand^ in Chief 

Coll W"" Pinhorne Peter Sonmans Esqr 

George Deacon Esqr Coll Hugh Huddy 

Coll Dan" Coxe Coll Robt Quarry 
Roger Mompesson Esqr 

Roger Mompesson Esqr Reported from the Couiitty to 
whome the bill For the encouragement of Vollunteers to goe 
on the expedition to Canada was Referred that they had 
Gone through the same & directed him to Report the same 
without any amendments 

And the said bill being Read the third time and the Ques- 
tion being putt whither the said bill should pass it passed In 
the afirmative 

Roger Mompesson Esqr Reported from the Committy to 



1 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 375 

whome the bill for Assertaining the rates of Mony for pay- 
ments of Debts &c was Reifered that he was directed to 
Report the same without any amendments 

And the said bill being Read the third time & motion 
being made & the Question being putt whither the said bill 
should be Recoiuitted 

It passed in the afirmative 

Ordered that It be Reeomitted to the Gentlemen of the 
Councill or any five of them 

A Message from the house of Representatives by Thomas 
Gardiner & John Kinsay to acquaint this board that the 
house had made some other Amendments to the Amendments 
made by this board to the bill for enforceing bills of Creditt 
to which they desired their Concurrance 

And the Question being put whither this board did insist 
on their amendments it passed in the afirmative 

Roger Mompesson Esqr Reported from the Committy to 
whome the bill for Assertaineing the rates of money for 
payment of Debts & preventing exactions on Contracts & 
bargains made before the first day of May in this present 
year 1709 that they had made an Amendment to the said bill 
which he was directed to Report to this board when the 
board would please to Receive the same 

Ordered that the Report be made I mediately 

And then the said Roger Mompesson Read the said amend- 
ment in his place & the Question being putt whither the 
board agree with the Committy in the Amendment it passed 
in the afirmative 

And the bill with the Amendment being read the third 
time was agreed to by this board 

Ordered that the bill with the Amendment be sent to the 
house of Representatives for their concurrance and that Roger 
Mompesson Esqr be desired to Carie up the same : 

Ordered that a Conferance be desired with the house of 
Representatives on the Amendments made by this board to 
the bill for the inforceing the Currancy of bills of Creditt & 



376 NEW JERSEY COLONIAL DOCUMENTS. [1709 

that Roger Mompesson & Peter Sonmans Esqr & Coll Rob' 
Quarry be Appointed to Manage the Same & that they meete 
presently at George Willis's 

Reasons for the Councills Adhering to their Amendments 
to the bill entituled an Act for inforceing the Currancy of 
bills of Creditt for thre thousand pounds by leaveing out the 
word (Generall) between the word (And) and the word 
(Assembly) in the third and eighteenth line of the first folio 
and in the fourth folio in the last line save one 

' The nineteenth* Instruction of her Majesty to the Governor 
of this Collony is in these words 

You are to Observe in the Passing of the said Laws & of 
all other Laws that the Stile of Enacting the same be by the 
Governour Councill and Assembly & no other 

2^ Reason And for that it appears to us by her Majesty s 
Commission to the Governour that the Governour Councill 
And Assembly Shall constitute the Generall Assembly which 
Seemed likewise agreed to by this present Assembly in this 
present Sessions by an Act parsed by them &, sent to the 
Councill & by them agreed to Entituled an Act for Aser- 
taineing the Rates of money for payment of debts and the 
preventing exactions on contracts & bargaines made before 
the first day of May in this present Year 1709 in which it is 
exprest that it is Enacted by the Lieu* Governor Councill 
and Representatives in Generall Assembly 

On the motion of M"^ Sonmans that he haveing Observed 
A printed paper Signed by the Speaker & presented to My 
Lord Lovelace in the words following Vizt Aprill the Second 
1709 

Though this house has an entire Confidence in your Excel- 
lencys Justice & Prudence that Your Excellency would dis- 
pose of the money raised for the Support of the Government 
to the purposses designed Yet We dare not say that We have 
that Confidence in these Gentlemen that are now of her 
Majestys Councill which is the reason we have altered the 

* An error ; the seveuteeuth is meant. 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 377 

former method and which We pray your Excellency will 
please favorably to represent to Her Majesty in our behalfe* 
by order of the house 

Thomas Gordon Speaker 

and desired that the Same might be entred in the Jornall 
of the Councill In perpetum Rei Memoriam 

Resolved and Ordered accordingly Nemine Contradicente 



Dies Mercu Po Merid 29*'' June 1709 

At a Councill held at Burlington 

Present 

The honorable Coll Richard Ingoldesby U 

Gover"" & Comd in Chief 

Coll W" Pinhorne Peter Sonmans Esq 

George Deacon Esqr Coll Hugh Huddy 

Coll Dan" Coxe Coll Rob' Quarry 
Roger Mompesson Esq 

A Message from the house of Representatives by M"" Mor- 
ris and M' Johnson to acquaint this board that the house 
•desired a Conferance with A Committy of this board on the 
Subject matter of the last Conferance 

Roger Mompesson Esqr Reported from the Committy 
Appointed to manage the Conferance with A Committy of 
the house of Representatives on the bill for the Currancy of 
bills of Creditt that they had Met the Said Committy and 
delivered the reasons for the boards insisting on their amend- 
ments 

Resolved that this board doe agree to the Conferance de- 
sired by the house of Representatives on the Subject matter 
of the last Conferance & that Roger Mompesson Esqr Peter 
Sonmans & Coll Rob' Quarry be a Committy Apointed to 
manage the same & that they meet imediately at the Lie' 

*N. J. Archives, III., 379 ; Smith's Hist. N. J., 358. 



378 NEW JERSEY COLONIAL DOCUMENTS. [1709 

Governors & that M"" Secretary Bass doe acquaint the house 
therewith 

Roger Mompesson Esqr Reported from the Committy 
apointed to manage the Conferrance with the Committy of 
the Assembly that the house of Representatives did not agree 
to the Reasons offred by this board & offred their Reasons for 
the same which Are as follows : Viz' 

Die Mercurii 29 June 1709 
Reasons for not agreeing with the Amendments of 
the Councill to the bill Entituled An Act for Inforce- 
ing the Currancy of Bills of Creditt for three thou- 
sand pounds by leaveing out the words (Generall) 
between the word (And) & the word (Assembly) in 
the third and eighteenth line of the first folio & in 
the fourth folio in the last line Save one 

The house doth presume that her Majestys Instructions to 
her Governours is the Same in this Province as in New 
Yorke and find it to be the Constant Stile the Acts of New 
Yorke are passed In and it has been the Practice here in the 
Lord Cornburys Lord Lovelaces and his honors the L* Gov- 
ernors Government and if the Instructions may be dispenced 
with at Some times we know No reason why they may Not 
Now 

2 Reason And as for the bill recited in the reasons oifred 
by the Councill the house finds that the Stile there & the 
Queens instructions are Not the same though Agreed to by 
the Councill 

Motion being Made & the Question being putt whither 
this board doe insist on their Amendments it passed in the 
afirmative 

Ordered that a free Conferauce be desired with the house 
of Representatives on the Subject Matter of the last Confer- 
ance and that Roger Mompesson Peter Sonmans & Coll Rob' 
Quarry Esqrs be a Committy to manage the Same And that 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 379 

they meet at the L' Governors imediately & that M"" Secre- 
tary doe acquaint them with the same 

A Message from the house of Representatives by Capt 
Harrison Capt Farmer M"" Royce &c to acquaint this board 
that they did not thinke the L' Governors house was Conve- 
nient and desired that the Councill would appoint some other 
place for the Conferance 

Whereupon the Councill Ordered the Committy to meet 
at George Willis : 

Dies Jovis 30"" June 1709 

At a Councill held at Burlington 

Present 

The Honor : Rich : Ingoldesby Esqr L* Gover' & 

Comd"" in Chief 

Coll W" Pinhorne Peter Sonmans Esqr 

George Deacon Esq Coll Hugh Huddy 

Coll Daniell Coxe Coll Rob* Quarry 
Roger Mompesson Esqr 

Roger Mompesson Esqr Reported from the free conferance 
with A Committy of the house of Representatives on the 
amendments made by the Councill to A Bill Entituled An 
Act for the Inforceing the Currancy of Bills of Credit for 
three thousand pounds That The Arguments chiefly insisted 
on for not agreeing to the Amendment ware the Practice of 
New Yorke and Some Acts of Assembly in this province 
where the Stile was Governour Councill & Assembly 

Ordered that the following message be Sent to the house 
of Representatives Viz* 

The Councill are Not Satisfied with the Reasons offred at 
the Conferance against the Amendment made by the Coun- 
cill to the bill Intituled An Act for the inforceing the Cur- 
rancy of bills of Creditt for three thousand pounds for the 
Councill thinke her Majestys instructions ought to be Ob- 



380 NEW JERSEY COLONIAL DOCUMENTS. [1709 

served And that Governor Councill And Assembly constitute 
a Generall Assembly and Not the house of Representatives 
alone but that her Majestys officers may Not Suifer in this 
present expedition against Canada the Councill doe not insist 
on their amendments 

Ordered that M'' Secretary Bass carie up the said Message 
A Message from the house of Representatives by M"" Lyon 
and Captain Eldridge in the words foil Vizt 

Die Mercu: 29"^ June 1709 

Upon the Question putt whither the Arguments of the 
Councill be Sufficient to maintain the Amendments disagreed 
to by this house on the bill Intituled An Act for enforceing 
the Currancy of bills of credit &c It passed in the Negative 

Upon the Question putt whither the house did agree to 
the amendments of the Councill to the bill Entituled An Act 
for Assertaineing the Rates of money &c or Not it passed in 
the Negative 

Ordered that M' Eldridge and M"" Lyon Returne the bill 
Entituled An Act for Assertaineing the rates of Money to 
the Councill for their Concurrance 

J PiNHORNE 

A Message from the house of Representatives by M' Treat 
and M'' Michaeellsou to acquaint this board that they ware 
Commanded by the house to Returne the bill Intituled An 
Act for the inforceing of the currancy of Bills of Creditt 
■with the Amendments ingrosed 

Ordered that the Secretary doe Goe to the house of Repre- 
sentatives and acquaint the Speaker that his honor Requires 
the house to Attend him imediately 

And the Speaker with the house attending his honor the 
L* Governour Gave his Assent to the following Acts Viz' 

An Act for the Raiseing three thousand pounds for her 
Majestys Service in this present Juncture fol : 5 

An Act for the inforceing the Currancy of bills of Creditt 
for three thousand pounds fol : 7 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 381 

An Act for the Encouragement of Volunteers to goe on 
the expedition to Canada fol : 6 

And then Adjorned the Assembly to the first of November 
next to Meet at Burlington 

On the Motion of Hugh Huddy Esqr 

Ordered that the reasons of the Monmoth members be 
entred in the Minutes of the Councill and are as follows 

Wheras this house of Representatives for the Province of 
New Jersey of which house we whose names are underwritten 
being members and Representatives for the County of Mon- 
moth did Vote against the passing of A bill Entituled an 
Act for the raiseing of three thousand pounds for her Majes- 
tys Service att the Request of M"^ Speaker made an entry in 
the Jornall of the house of our Voteing against the bill A 
thing we presume without president In any house of Repre- 
sentatives in Any of her Majestys Collonies In America or in 
the house of Commons In the Parliament of England* which 
entry We believe to be made for no other end but to Over 
Awe us or to render us to be persons unwilling to obey the 
Commands of our Sovereigne and the promoteing So great 
and Noble a designe or att least to be men Inconsistent with 
our Selves butt we declare to this house and to the world that 
when it was first mentioned In this house we then were and 
Still are & hope ever Shall be willing to Obey the Commands 
of our Sovereigne and have & still shall endeavor as much as 
in us lyes to promote So great and Noble a Designe which if 
efected Avill Conduce to the honor of her Majesty and the 
peace Quiett & hapiness of her Subjects here In America 
Provided it may be done soe as to awnswer the end for which 
it is designed for which We Conceive that bill Could Never 
doe as it was then engrossed We then did and againe doe 
offer our Reasons and humbly pray they may be entred in 
the Jornall of the house 

As followeth 

*The practice of recording the names of members of a parliamentary body, with 
their votes for or against a measure, is of American origin ; it was provided for in 
the North Carolina constitution of 1776, and in the Continental Congress in 1777.— 
Cushing, W7. 



382 NEW JERSEY COLONIAL DOCUMENTS. [1709 

1 : That the Act to us Seems to much Restricted to Vol- 
lunteers by these words towards the raiseing & Supporting 
two hundred Vollunteers and to no other use or purpose 
whatsoever so that if a suffitient number doe not offer them- 
selves that their Should be Necessity of A detachment the men 
detached seeme to be wholly excluded [from] haveiug any in- 
couragement or or [sic] supply thereby which was Ocasioned 
in the Committy of the whole house where the Question was 
putt for a Detachment & Caried in the afirmative but M"" 
Oardiner then Chaireman of that Committy takeing upon 
himselfe to Vote and Voteing made the number equall & So 
Reported it to the house without any notice taken of that 
Irregularity by the Speaker 

2*^'^ That no care is taken or provision made for the eu- 
•couragement of Officers ten pound being Allowed to every 
Vollunteer be he Coll Captain or private Centinell 

3**'^ That there Is no penalty layd on those who shall Neg- 
lect or Refuse to give in their estates or on them that shall 
Conceale part thereof 

4'^ That there Is no penalty laid upon the managers in 
Case of default or Refusall to officiate in their offices 

5""^ That there Is no care taken to Suppy Vacancys in 
•case of refusall Death &c 

6"" That the money Is to be Lodged in the hands of M*" 
Forster in Amboy had we no other Reasons within our own 
brests which We thinke our Selves not Obleidged to declare 
against the lodgeing the money in the hands of M'' Forster 
in Amboy yet the Reasons the Representatives of that Towue 
gave upon the account of raiseing men we thinke Suffitient to 
Justifie our Voteing against the bill Vizt they are in more 
danger of the French then We in the County of Monmoth 
notwithstanding Severall of the Inhabitants thereof have 
been plundered by the French Privateers two years togeather 

^thiy -pjjat; we ware not Allowed freedom of debate M"" 
Speaker who Generally Speaks & debates more then any 
member in the house told us that we must look upon him & 
direct our speach to him & No other which when We did he 



1709] JOURNAL OF GOVERNOR AND COUNCIIi. 383 

with others would interupt us to that degree that We have 
been constrained to oifer our Reasons again & againe and 
Not heard at last 

Lastly : That the last Clause in the Bill was brought by 
the Speaker & putt into the bill after Ingrossed being Read 
and putt to the Vote but once in the house which Clause 
seems to dispose of the money Contrary to the body of the 
Act & indead makes the Act Void as we conceive 

Elisha Lawrence 
Gershom Mott 



Dies Jo vis 30'" June P Merid. 1709 
At a Councill held at Burlington 

Present 
The honorable Coll Richard Ingoldesby L' Gov"" & 
Comd' in Chief 

Coll William Pinhorne Hugh Huddy 

George Deacon Coll Robt : Quarry 

Coll Daniell Coxe 
Roger Mompesson Esqr 
Peter Sonmons Esqr 

His honour being pleased to propose to this board that 
Since after his honor had adjorned the house of Representa- 
tives they met togeather againe & the Speaker resumed the 
Chaire and adjorned the house themselves &c his honor pro- 
posed to this board that this Assembly be dissolved 

Resolved Nemine Contradicente that this Assembly be 
desolved & that proclamation be drawne Accordingly 

Resolved that writts be prepared by the Secretary for the 
Calleing a New Assembly 

30"^ June 1709 
A true Coppy 

J Bass Secy 



384 NEW JERSEY COLONIAL DOCUMENTS. [1709' 

Dies Mercuri 

At A Councill held at Burlington the 30'^ November 1709 

Present 

The Honourable Coll Richard Ingoldesby 

L* Governor and Commander in Chiefe &c 

Coll Daniell Coxe Coll Hugh Huddy 

Roger Mompesson Esq W"" Hall Esqr 

Peter Sonmans Esq 

The following Gentlemen chosen members of the house of 
Representatives tooke the usuall oath Viz' 

Geo : Duncan Isaac Sharp 

Tho Gordon Tho : Fitzrandolfe 

W" Bustill Elisha Lawrence 

John Harrison Jun"" Gershom Mott 

And these following being of the people Called Quakers 
tooke their Sollemn afirmations Viz' 

Peter Fretwell John Kaighon 

John Kay Sam" Smith : 

John Lewis 

and Were then directed by his honor to goe to their house 
and Chuse their Speaker that they might aply themselves to 
business 

Dies Jovis : 1" Decem 1709 

At a Councill held at Burlington 

Present 
The Hono : Coll Richard Ingoldesby L' Gover. &c 

Coll Coxe Hugh Huddy Esq 

Roger Mompesson Esq W'" Hall : 

Peter Sonmans Esqr 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 385 

A Message from the house of Representatives by M"^ Law- 
rence and M'' Fretwell to acquaint this board that the house 
desired that Thomas Lambert one of the Representatives for 
the County of Burlington might be admitted to take the 
Declaration &c 

And the said Thomas Lambert being Called In did take 
and subscribe the Declaration Abjuration test &c 

The Petission of Benjamin Acton Desireing that there 
might be a Cesatt [Cesset] Processus on the proceedings 
against him In the Supreame Court by order of this board 

Read and Rejected 

The Petission of Robert Rumsey and John Gosney Relate- 
ing to the Sheriff of Salem being Read 

Ordered that the Sheriff of Salem doe forthwith lay before 
this board a Perticuler account of the fees he demands from 
the said Petisioners 

A Message from the house of Representatives by M"^ Law- 
rence and M'' Fretwell to acquaint this board that the house 
had Chosen their Speaker and desired to know when they 
should Attend to present him to the Governor 

Ordered that the Secretary doe goe to the house of Repre- 
sentatives & acquaint them that his honor the L' Governor 
Required that house to Attend him in Councell Imediately 

The house of Representatives attending presented John 
Kay to the Governor as their Speaker 

And his honor haveing declared his Satisfaction in their 
Choise he Spoake to them as follows : Yizt : 

Gentlemen : 

Since nothing can contribute more to the Interest honor 
and Advantage of this Collony then peace union and the 
laying Aside those heats animosities that tend soe much to 
your disadvantage and dishonor it is the first thing that I 
Shall Recomend to You. And that You would unanimously 
Consider what things there are in that Collony that are neces- 
sary to be provided for by Laws and I doe asure you I shall 

25 



386 NEW JERSEY COLONIAL DOCUMENTS. [1709 

be always Ready to give my Assent to all such bills as shall 
be laid before me for your benifitt and Advantage 

The late Expedition to Canada Soe intirely tookeup my 
time that I was obleidged contrary to My owne inclinations 
to putt of Your Sitting at the apointed times by two Severall 
Adjornments and it was Nott without some dificulties that I 
gained this opertunity of Meeting with you 

I am very Sencible of the Great expeuce this Collony 
have been att in promoteing that Expedition and tho it hath 
att this time been laid Asside her Majestys More urgent 
affaires haveing ocasioned the fleet and forces designed for 
that Service to be diverted Some other wayes* Yet I doubt 
Not if the Warr continues and the Same designe be reasuraed 
by her Majesty that on Your humble Aplication to her 
Majesty by Way of Adress the Same Care Will be taken 
of You and favors dispenced as her other Provinces doe hope 
to Receive from her : 

I must now Recommend to You the proposeing an Act 
for Explaineing and Rendring more efectuall the Act passed 
dureing the Administration of his late Excellency John Lord 
Lovelace for the Support of this her Majestys Government 
for one Yeare and likewise a Sutable provition for the honor- 
able Support of the Government from and after the expira- 
tion of the times for which the Same was granted 

The act for Regulateing the Militia of this Province wants 
mending I must therefore Recommend it to You to prepare 
Such a bill as may Render the Militia Servisable with as 
much ease to Your Country as You Can 

For Quieteing the minds of her Majestys Subjects in this 
province Settling them in their possessions and preventing 
law Suites the passing an Act or Acts for the Secureing the 
Rights of the generall Proprietors and Purchasers under 
them in their Titles to their lands in this Collony will be A 
matter of So very great benifitt and advantage to Your Selves 
and posterity that it Requires Your most Serious thought 
and aplication 

* The British fleet had to be sent to Portugal to re-inforce the defeated armies of 
the English and their allies.— Swi^A's N. J., 360 ; Graham's Hist. U. S., III., 45. 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 387 

I am likewise Commanded by her Majesty to putt you in 
mind of Passing an Act for erecting and Repaireing of 
Goales and Court houses in each County 

As I Began Soe I Conclude with Recomending to You 
diligence peace and unanimity and that Such dispatch may 
be given to the buisness that You have before you that I may 
be Spedily enabled to Attend her Majestys Service in the 
Province of New Yorke and that Your Neighbors as Well 
as those you Represent may See that You have Studied onely 
those things that tend to the Service Interest and honor of 
her Majesty and the Peace and prossperity of the province 

The Speaker [requested] a Coppy of his honors Speach It 
•was granted him : 

Who then desired that the usuall privilidges of the house 
might be allowed to them 

AVhich Was granted by his honor 

Dies Veneris 3'^ December 1709 

At a Councill held at Burlington 

Present 
The honourable Coll Richard Ingoldesby Esqr L' Govern"^ 
&c 

Coll Daniell Coxe Peter Sonmans Esq 

Roger Mompesson Es Coll Hugh Huddy 

Coll Coxe acquainted this board that he had Received A 
Message from the house of Representatives desireing him to 
Attend that house to Morrow morning and desired leave of 
this board to Attend them at the time appointed 
Which Was granted by this board 



388 NEW JERSEY COLONIAL DOCUMENTS. [1709 

Dies Lunse 5° Decemb' 1 709 
A a Councill held at Burlington 

Present 
The honourable Coll Richard Ingoldesby L*^ Gover &e : 

George Deacon Peter Son mans 

Dan : Coxe Esqrs Hugh Huddy Esqrs 

Roger Mompesson 

A Message from the house of Representatives by Captain 
Duncan and M"^ Fretwell desireing that his honor would be 
pleased to let the house have a Coppy of that part of her 
Majestys Instructions that Relates to Elections : 

Ordered that M' Secretary Bass doe Carie a Coppy of the 
Instruction Relateing to the Election of Representatives to 
the house of Representatives : 

Dies Martis 6" Decemb' 1709 
At a Councill held at Burlington 

Present 
The honorable Coll Richard Ingoldesby L' Gover &c 

George Deacon Peter Son mans 

Dan" Coxe Esqrs Hugh Huddy : Esq 

Roger Mompesson 

A Message from the house of Representatives by M'"^ 
Elisha Lawrance and Isaac Sharp to Acquaint his honour 
that the house had prepared an Address to his honor and 
Desired to know when he would be pleased to be attended 
with the Same. 

A Message from the house of Representatives by Peter 
Fretwell and Gershom Mott to acquaint this board that the 
house desired that Doctor John Johnson might take the oaths 
in order to his being qualified to Sitt in their house 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 389 

And the said Doctor John Johnson being Called in tooke 
the oaths appointed in the E-oome of the oaths of Allegience 
and Supremacy and tooke and Subscribed the test and the 
Abjuration oath : 

A Message to the house of Representatives by M" Secretary 
Bass to Acquaint the house of Representatives that his honor 
the Lieutenant Governor had appointed the house to Attend 
him with their Address Imediately 

And the Speaker with the house attending presented the 
following Address which the Speaker desired in the name of 
the house that their Clarke might Read Which being Al- 
lowed by his honor : the Clarke Read as follows Vizt 

To the Hono'''*' Coll Richard Ingoldesby L' Governor and 
Comander in Cheife of her Majestys provinces of New Jersey 
New Yorke & Territories depending thereon in America 

The Humble Address of the Representatives mett in Gene- 
rail Assembly of the Province of New Jersey 

May it Please Your Honor : 

We are Soe Sencible of the heats and animositys that has 
two much prevailed in this province that We Cannot but 
Gratefully acknowledg your honors Care in Recommending 
to us peace and unanimity and We doe Asure your honor 
that We shall endeavor to burie all former differances in Ob- 
livion and Apply our Selves to those things that tend to pro- 
moteing the Peace Tranquility and Interest of the Province 
by Endeavoring to Prepare Such bills as we hope will Con- 
duce to the honor of the Queen and benifitt of the Country 
not doubteing Your honors concurrance in any thing Relate- 
ing thereto 

Die Martis : A Mer : 6"" John Kay 

Decem: 1709 : 

Severall of the members of this house being of the People 
called Quakers doe Assent to the Matter and Substance above 
written but Make some Exceptions to the Stile : 



390 NEW JERSEY COLONIAL DOCUMENTS. [1709 

The followeing message from the house of Representatives 
Viz: 

May it please Your Honor 

Whereas there hath been two Returns made of Members to 
Searve in this Assembly for the Towue of Burlington the one 
by Samuell Furnace Esqr and the other by Coll Daniell Cox 
Esqr and the house haveing heard and Considered the Rea- 
sons and arguments oflPred on each Side and being Convinced 
that there were Some Irregularities in boath the Said Returns 
this house have declared both the Said Returns to be Void 
and Sett aside Wherefore this house humbly prays your honor 
would be pleased forthwith to Issue out a writt to the Sheriif 
of the County of Burlington to Searve in this Assembly. 

haveing been debated very fully att this board this board 
are of the opinion Nemine Contradicente that this towne of 
Burlington by her Majestys Instructions should chuse two 
members for the Towne and therefore that the Sheriff is no 
proper officer to make the Returne being properly an officer 
of the County and Not of the Towne and to Prevent any 
disputs for the future to what Magistrate or officer of the 
towne the writt should be directed doe thinke it proper that 
the Returns be made by the Constable and his honor hath 
Caused the writt to be directed accordingly and the rather 
because it is agreeable to a late determination of this house of 
Representatives on the Election of Perth Amboy 

Ordered that the Secretary doe carie the Said Resolution of 
this board to the house of Representatives 

Dies Martis 20''^ December 1709 

At A Councill held at Burlington 

Present 
The Honourable Coll Richard Ingoldesby L* Gover"" &o 

George Deacon Roger Mompesson 

Daniell Coxe Hugh Huddy 

Peter Sonmans Esqrs 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 391 

The Bill entituled an Act for Preventing prosecutions hj 
Informations Read the first time and Ordered a Second 
Reading 

Dies Jovis y" 22"* December 1709 

At a Councill held at Burlington 

Present 
The Honourable Coll Richard Ingoldesby Liu' Govr' &c 

Coll Dan : Coxe Peter Sonmans 

Roger Mompesson Hugh Huddy Esqrs 

Ordered that the Secretary doe acquaint the house of Rep- 
resentatives that According to the desire of that house his 
honnor had appointed A Committy of the Councill to Meet 
a Committy of their house at M'' Secretary Bass his house att 
elevven of the Clock : 

Dies Veneris 23 Decemb"^ 1709 

At a Councill held at Burlington 

Present 
The Hono : Coll Richard Ingoldesby L* Gover' &c 

Coll Dan : Coxe Peter Sonmans Esqr 

Roger Mompesson 

Coll Coxe Reported from the Committy of this board ap- 
pointed to Meet a Committy of the house of Representatives 
on the Matter to them Refered that they had made Some 
progress in the same & desired leave to sitt againe 

Ordered that the said Committy have leave to Sitt againe 



392 NEW JERSEY COLONIAL DOCUMENTS. [1709 

Dies Mercu' 28'" Decemb' 1709 

At a Councill held at Burlington 

Present 
The honourable Coll Richard Ingoldesby L' Gov' &c 

Geo : Deacon Peter Son mans 

Coll Dan Coxe Hugh Huddy Esqrs 

Roger Mompesson 

The Bill for Preventing prosecutions by Informations 
Read the Second time and Committed to the Gentlemen of 
the Councill 

The Act for Ackuowledgeing and Recording of Deeds and 
Conveyances within each Respective County of this Province 
Read the first time 

Ordered a Second Reading 
The Act for Assertaineing the Place of Sitting of the Rep- 
resentatives to Meet in Generall Assembly Read the first 
time 

Ordered a Second Reading 
The Act for building and Repaireing of Goales & Court 
houses within this Province Read the first time and 
Ordered a Second Reading 
The Act for Assertaineing the fees of the Representatives 
in Generall Assembly read the first time and 
Ordered a Second Reading 
The Act for Reviveing and Continueing the Courts of Ses- 
sions and Common Pleas in the County of Glocester with the 
proceedings of the same read the first time & 
Ordered a Second Reading 
The Act for Regulateing of fences read the first time and 
ordered A Second Reading 

The Act for Regulateing and Appointing the fees of the 
Severall Officers and Courts of this Province of New Jersey 
Read the first time and 

Ordered a Second Readinsr 



1709] JOURNAL OF GOVERNOR AND COUNCIL. 393 

Dies Jo vis the 29''' Dber 1709 

At a Councill held at Burlington 

Present 
The honor : Coll Richard Ingoldesby L' Gover &c 

George Deacon Peter Sonmans 

Coll Dan : Coxe Hugh Huddy : Esqrs 

Roger Mompesson 

The Act for Building and Repaireing of Goales & Court 
houses within this Province Read the Second time and Com- 
mitted to the Gentlemen of the Councill or any three of them 

The Act for Assertaineiug the Representatives fees in Gene- 
rail Assembly Read the Second time and Committed to the 
Gentlemen of the Councill or any three of them 

The Act for Regulateing of fences Read the Second time 
and Committed to the Gentlemen of the Councill or any three 
of them 

The Act for Reviveing and Continueing the Courts of Ses- 
sions and Common Pleas in the County of Glocester with the 
Proceedings of the Same Read the Second time and Commit- 
ted to the Gentlemen of the Councill or any three of them 

The Act for Acknowledgeing and Recording deeds and 
Conveyances in each Respective County in this province 
Read the Second time and Committed to the Gentlemen of 
the Councill or any three of them 

The Act for Assertaineiug the Place of Sitting of the Rep- 
resentatives in Generall Assembly Read the Second time and 
Committed to the Gentlemen of the Councill or any three of 
them 

The Act for amending the Act for Preventing Swine Run- 
ning at large Read the Second time & Committed to the Gen- 
lemen of the Councill or any three of them 

The Act for Regulateing and Appointing the fees of the 
Severall Officers and Courts of this Province of New Jersey 
Read the Second time & Committed to the Gentlemen of the 
Councill or any three of them. 



394 NEW JERSEY COLONIAL DOCUMENTS. [1709-10 

Dies Lunse 2*^ January 170^^^ 

At a Councill held at Burlington 

Present 
The Hono : Coll Rich : Ingoldesby L' Gover : &c 

Geo : Deacon Peter Son mans 

Dan Cox Hugh Huddy Esqrs 

Roger Mompesson 

Roger Mompesson Esqr Reported from the Committy to 
whome the bill Intituled an Act for Amending the Act for 
Preventing Swine Running at large that they had gone 
through the said bill and Made Severall Amendments to the 
Same which he Read in his place & afterwards laid on the 
Table 

And the Question being putt whither this board doe agree 
with the Committy in the said Amendments 
It passed in the Affirmative 

Roger Mompesson Esqr Reported from the Committy to 
whome the bill Entituled an Act for the building and Repaire- 
ing of Goales & Court houses was Reffered that they had 
gone through the Same and Made Severall Amendments 
thereunto which he Read in his place & afterwards laid on 
the board. 

And the Question being putt whither this board doe agree 
with the Committy in the Said Report 

It passed in the afirmative 

Roger Mompesson Esq Reported from the Committie to 
whome the bill Entituled an Act for the Regulateing offences 
was Referred that they had gone through the Same and made 
Severall Amendments thereunto which he Read in his Place 
and afterwards laid on the Table 

And the Question being putt whither this board doe agree 
with the Committy in the Said Amendments 
It passed in the afirmative 

Roger Mompesson Esqr Reported from the Comitty to 
whome the bill entituled an Act for assertaineing the Place 



1709-10] JOUENAL OF GOVERNOR AND COUNCIL. 395 

of Sitting of the Representatives in Generall Assembly that 
he was Directed to Report the Same without any amendments 

Roger Mompesson Esqr Reported from the Comitty to 
whome the bill for the Reviveing and Continueing the Courts 
of Sessions and Common Pleas in the County of Glocester 
that they had Gone through the Same & made Severall 
Amendments thereunto which he Read in his place and after- 
wards laid on the table & the said Amendments being Read 
and the Question being putt whither this board doe agree 
with the Commitie in the Said amendments 
It passed in the Affirmative 

The bill Entituled an Act for the Amending an Act for 
the Preventing of Swine Running at large with the Amend- 
ments Read the third time and the question being putt 
whither the bill with the Amendments doe pass 
It passed in the Affirmative 

The bill entituled an Act for the building and Repaireing 
of Goales and Courthouses &c with the Amendments Read 
the third time and the Question being putt whither the bill 
with the amendments doe pass 

It passed in the Affirmative 

The bill entituled an Act for Regulateing of fences with 
the Amendments Read the third time and the Question being 
putt whither the bill with the Amendments doe pass 
It passed in the Afirmative 

The bill entituled an Act for Assertaineing the place of 
Sitting of the Representatives in Generall Assembly Read 
the third time & the question being putt whither the Said 
bill doe pass 

It passed in the Affirmative 

The Act for Reviveing and Continueing the Courts of 
Quarter Sessions and Common Pleas in the County of 
Glocester with the Amendments Read the third time and the 
Question being putt whither the said bill with the amend- 
ments doe pass 

It passed in the Affirmative 
and Some debate Ariseing who Should Carie the bills with 
the Amendments to the house of Representatives and the 



396 NEW JERSEY COLONIAL DOCUMENTS. [1709-10 

Question being putt whither the Secretary of [or] some one of 
the Gentlemen of the Councill doe Carie the said bills to the 
house of Representatives 

Ordered that the Secretary doe acquaint the house of 
Representatives that this board had passed the bill intituled 
an Act for Assertaineing the place of Sitting [of the Repre- 
sentatives] in the Generall Assembly without any Amendment 

And the bill for Reviveiug and Continueing the Courts of 
Sessions and Common Pleas in the County of Glocester 

The Act for amending the Act for preventing Swine Run- 
ing at large 

The Act for building and Repaireing of Goales & Court 
houses within this province 

and the Act for Regulateing of fences with the amend- 
ments, to which they desired their Concurrance 

Dies Martis the lO"' January IVOy^o 

At A Councill held at Burlington 

Present 
The Honourable Coll Richard Ingoldesby L' Gov"" &c 

George Deacon Peter Sonmans 

Dan : Coxe Esqrs Hugh Huddy Esqrs 

Roger Mompesson 

The Petision of the minister Churchwardens and Vestry 
of the Church of S* Anne in Burlington desireing that his 
honor would be pleased to grant them A Pattent to Act as a 
body Corporate to Receive Gifts and Purchase lands for the 
use of the Said Church being Read 

Ordered that the Prayer of the Said Petision be graunted 
and that the Secretary doe prepare an order to M"" Attorny 
Generall to prepare a Pattent according to the prayer of the 
Said Petision* 

*The patent, dated January 25, 1709[10], is given in full in Hills's History of the 
church in Burlington, 97-100. The corner-stone of the first edifice having been laid 
March 25, 1701, the feast of the Virgin Mary, the church was called St. Mary's ; Lord 
Cornbury granted a patent October 4, 1704, calling it St. Anne's, which, however, 
was not formally passed, and the patent granted in 1709 called it St. Mary's church. 
—Hills, ut surpa, S9S-U. 



1709-10] JOURNAL OP GOVERNOR AND COUNCIL. 397 

The Petision of Robert Rumsey and John Gosney com- 
plaining of Exorbitant fees taken by the Sheriff and Justices 
of the peace in the County of Salem being Read 

Ordered that the Consideration of the said Petission be 
Reifered to the Judges in the Next Commission of Oyer & 
Terminer and Gaole Delivery to be held for that County for 
to heare and determin the Same or to Report to this board 
as they shall See Convenient : 

A Message from the house of Representatives by M'' Fret- 
well and M"" Lawrence to acquaint this board that the house 
had passed 

A bill intituled an Act for Regulateing of Stone horses or 
Stalions within this province 

An Act for Settling and Confirmeing the estates of the 
General! Proprietors of the Westerne devision of this Pro- 
vince and other Purchasers under them 

An Act to Reverse a Judgement passed in the Supreame 
Court of this province against William Slooby Sam" Hedge 
and Peter Blackefeild 

To which they desired the Concurrance of this board 

The bill intituled an Act to Reverse a Judgement passed 
in the Supreame Court of this province against William 
Slooby Sam" Hedge and Peter Blackefeild 

Read the first time 

And the Question being putt whither the Said bill have A 
Second Reading 

It passed in the Negative 

The bill intituled an Act for Regulateing of Stone horses 
or Stalions that Run at large in. this Province Read the first 
time and Ordered A Second Reading 

The bill entituled an Act for Settling and Confirmeing the 
estates of the Generall Proprietors and other purchasers 
under them Read the first time and 

Ordered a Second Reading 

Ordered that A message be Sent to the house of Repre- 
sentatives by the Secretary to desire the house of Represen- 
tatives to Comunicate to this board Such Originall writeings 



398 NEW JERSEY COLONIAL DOCUMENTS. [1709-10 

Patients Grants Conveyances or Exemplifications powers and 
authorities & all other papers and things on which the Said 
preamble purveiw and other parts of the bill Is founded 

A Message from the house of Representatives by M"" 
Thomas Gordon & M"" Thomas Lambert to acquaint this 
board that the house had Commanded them to acquaint this 
board that the house had made Some Amendments to the 
amendments made by the Councill to the bill Entituled An 
Act for Reviveiug and Continueing the Courts of Quarter 
Sessions and Common Pleas in the County of Glocester to 
which they desired the Concurrance of this board 

And to the bill Entituled an Act for Regulateing of fences 

And to the bill Entituled an Act for Amending the Act 
for Preventing Swine Running at large to which they desired 
the Concurrance of this board 

As also that they had agreed to the bill for the building 
and Repaireing of Goales and Courthouses with the Amend- 
ments* 

Also that the house desired to know what proceedings this 
board had made on the rest of the bills that were before this 
board 

Resolved that this board will Send an Awnswer by A 
Messenger of their owne 

The Severall Amendments made to the Said bills Read 
and ordered to Lye on the table : 

Dies Veneris 13* Janu 1709 

At a Councill held at Burlington 

Present 
The Honourable Coll Rich : Ingoldesby L' Gover' &c 

Geo : Deacon : Peter Sonmans 

Coll D Coxe Hugh Huddy Esqr^ 

Rog' Mompesson 

*This act was the foundation of the system of Boards of Chosen Freeholders in 
the several counties. 



1709-10] JOURNAL, OP GOVERNOR AND COUNCIL. 399 

The Petision of M'' Attorny Generall Setting forth that he 
hath had no Sallary for Severall years last past & Such small 
fees as would Not Support the dignity of his office & prayed 
Releife in the Same was Read & 

Referred to further Consideration 

A Message from the house of Representatives in these 
words Vizt Burlington house of Representatives January 
the 12''' 1709 

Upon Consideration of the Message from his honor the L' 
Govern"" in Councill Tuesday last Relateing to the bill Enti- 
tuled an Act for the Settling and Confirmeing the estates of 
the Generall Proprietors of the Westerne division of this 
Province and under [other] purchasers under them 

It is the opinion of this house that all the writeings Pat- 
tents Grants Conveyances Powers Authorities & other Papers 
and things on which the Preamble Purview & other parts of 
the said bill is founded are things Generaly Soe well known 
that this house believes no body has Reason to make any 
doubt thereof nor did this house expect any Such thing would 
be desired & therefore not Prepared for a more perticuler 
awnswer neither doth the house thinke it necessary 

An Act for Better Regulateing Preserveing & laying out 
Publique & Common high Ways Read the first time and 
ordered a Second Reading 

An Act for the better Qualifieing Representatives to searve 

' in Generall Assembly & other offices of Profit & trust within 

this province Read the first time and ordered a Second Reading 

A Message from the house of Representatives by M" Fret- 
well Duncan Lawrence Sharp Price Lambert Mott Spicer to 
acquaint this board that the house had passed An Act Enti- 
tuled An Act for Explaineing & Rendring more efectuall 
the Act for the Support of her Majestys Province of New 
Jersey for one Yeare to which they desired the Concurrance 
of this board 

The Act for Settling & Confirmeing the Estates of the 
Generall Proprietors of the Westerne Division & other pur- 



400 NEW JERSEY COLONIAL DOCUMENTS. [1709-10 

chasers under them Read the Second time and the Question 

being putt whither the Said bill be Committed 

It passed in the Negative 

And the Question being putt whither the Said [bill] be 

Rejected 

It passed in the afirmative 

The Act for Regulateing Stone horses or Stalions that Run 
at Large in this province Read the Second time and Com- 
mitted to the Gentlemen of the Councill or any three of them 

On the motion of Coll Coxe that leave may be given to 
bring in a bill for Recovering out of the hands of any per- 
ticuler persons inhabiteing in this province all Pattents Con- 
veyances Records Deeds or papers belonging to the Govern- 
ment or to the Generall Proprietors of either the Easterne 
or Westerne Division of this province 

Ordered that leave be given to bring in the Said bill and 
that Coll Coxe Peter Sonmans and George Deacon Esqrs doe 
prepare & bring in the Same 

The bill for Explaiueing ct Rendriug more Eifectuall the 
Act for Support of her Majestys Government of Nova Cesa- 
rea or New Jersey for one Year Read the first time and 
Ordered a Second Reading 

The Act for the Better Regulateing Preserveing & laying 
out Publique & Common high ways Read the Second time 
and Committed to the Gentlemen of the Councill or any 
three of them 

The Act for better Qualifieing Representatives to Serve in 
Generall Assembly and other offices of profitt and trust 
within this province Read the Second time and Committed 
to the Gentlemen of the Councill or any three of them 

The Act for Explaineing and Rendring more Efectuall the 
Act for Support of her Majestys Government of Nova Cesa- 
rea or New Jersey for one year Read the Second time & Com- 
mitted to the Gentlemen of the Councill or any three of them 



1709-10] JOUKNAL OF GOVERNOE AND COUNCIL. 401 

Dies Lunse 16*^ January 1709 

At a Councill held at Burlington 

Present 
The Hono : Coll Eichard Ingoldesby L* Gov'' &c 

Geo Deacon Peter Sonmans 

Coll Dan : Coxe Coll Hugh Huddy Esqrs 

Roger Mompesson 

Roger Mompesson Esqr Reported from the Comittie to 
whome the bill Entituled an Act for Regulateing & appoint- 
ing the fees of the Severall officers in & Court of this Pro- 
vince was ReflPered that they had Gone through the Same & 
made Severall amendments thereunto which he was directed 
to Report to this board when they would please to Receive 
the same 

Ordered that it be Reported Imediately & then the said 
Roger Mompesson Reported the said Amendments & laid 
them on the Table 

And the Question being putt whither this board doe agree 
with the Committy in the said Amendments 
It passed in the Affirmative 

And the Said bill with the Amendments being Read the 
third time & the Question being putt whither the said bill 
with the Amendments doe pass 

It passed in the afirmative 

Ordered that the Secretary doe Carie the said bill with the 
amendments to the house of Representatives for their Concur- 
rance 

Roger Mompesson Esqr Reported from the Coinittie to 
whome the bill Intituled an Act for acknowledging & Re- 
cording of deeds and Conveyances within each Respective 
County of this province that they had gone through the Same 
& that he was directed to Report the same without any 
amendments 

26 



402 NEW JERSEY COLONIAL DOCUMENTS. [1709-10 

And the Question being putt whither the said bill doe pass 
It passed in the Negative 

Hugh Huddy Esqr Reported from the Commity to whome 
the bill Entituled An Act for Regulateing Stone horses or 
Stalions that Shall Run at large in this province that they 
had made Severall Amendments to the Same which he was 
directed to Report when this board would Receive the Same 

Ordered that the Report be made Imediately 

and then Hugh Huddy Esqr Reported the Said bill with 
the amendments which he afterwards laid on the table & the 
Question being putt whither this board Doe agree with the 
Committy in the Said Amendments 

It passed in the afirmative 

And the Said bill with the amendments being Read the 
third time & the Question being putt whither the said bill 
with the amendments doe pass 

It passed in the afirmative 

Ordered that the Secretary doe Carie the said bill with the 
amendments to the house of Representatives for their Con- 
curance 

On the motion of Roger Mompesson Esqr 

Ordered that the Act for better Regulateing and Preserve- 
ing & laying out Publique & Common high ways be Recom- 
itted to the said Committie 

Dies Martis IT^ Jan 1709 

A Councill held at Burlington 

Present 
The Honou"* Coll Richard Ingoldesby L' Governor &c 

Geo Deacon Peter Son mans 

Col Dan Coxe Hugh Huddy Esqrs 

Roger Mompesson 

ColF Coxe Reported from the Comittie to whome the bill 
for preventing prosecutions by Informations was Reffered 



1709-10] JOURNAL OF GOVERNOR AND COUNCIL. 403 

that they had made Severall amendments to the Same which 
he Was directed to Report to this board when they would 
please to Receive the Same 

Ordered that the Report be made Imediately 

Coll Coxe Reported the said amendments in his place and 
afterwards laid them on the Table 

And the Question being put whither this board doe agree 
with the Commity in the Said amendments 
It passed in the afirmative 

And the said bill with the amendments being Read the 
third time & the Question being put whither the bill with 
the Amendments doe pass 

It passed in the afirmative 

Ordered that the Secretary doe Carie the Same to the 
house of Representatives for their Concurrance 

Coll Daniel I Coxe Reported from the Committe to whome 
the bill Entituled an Act for the better Qualifieing Repre- 
sentatives in Generall Assembly & other officers in places of 
profit and trust in this province was Refered that they had 
made Severall amendments to the Same which he Was 
directed to Report to this board when they would please to 
Receive the Same 

Ordered that the Report be made Imediately 

Coll Coxe Reported the Severall amendments in his place 
<fe afterwards laid them on the table 

And the Question being put whither this board doe agree 
with the Committie in the Said amendments it passed in the 
afirmative 

And the said bill with the Amendments being Read the 
third time and the Question being put whither the said bill 
with the Amendments Doe pass 

It passed in the afirmative 

Ordered that the Secretary doe Carie the said bill with the 
amendments to the house of Representatives for their Con- 
currance 

Peter Sonmans Esqr Reported from the Committie to 



404 NEW JERSEY COLONIAL DOCUMENTS. [1709-10 

whome the Bill entituled an Act for the Better laying out 
and Preserving Publique Common highways was Recofnitted 
that he was directed to Report the Same without any Amend- 
ments 

And the Said bill being Read the third time & the Ques- 
tion being put whither the said bill doe pass 
It passed in the Negative 

And the Question being put Whither the Said bill be 
Rejected 

It passed in the afirmative 

Peter Sonmans Es^qr Reported from the Commitie to 
whome the bill Intituled an Act for Assertaineing the Rep- 
resentatives fees in Generall Assembly that they had made 
Severall Amendments to the same which he was directed to 
Report to this board when they would please to Receive the 
Same 

Ordered that the Report be made Imediately 

Peter Sonmans Esqr Reported the Said amendments in his 
place and afterwards laid them on the Table 

And the Question being put whither this board doe agree 
with the Committie in the Said Amendments 
It passed in the afirmative 

And the bill with the Amendments being Read the third 
time & the Question being put whither the Said bill with 
the Amendments doe Pass 

It passed in the Afirmative 

Ordered that the Secretary doe Carie the Said bill with 
the Amendments to the house of Representatives for their 
Concurrance 

The bill Intituled an Act for devideing and Assertaineing 
the boundaries of all the Countys in this province Read the 
first time and ordered a Second Reading 

The bill intituled an Act for Explaineing an Act for the 
Currancy of bills of Creditt for three thousand pounds Read 
the first time and ordered a Second Reading 

A Message from the house of Representatives by M' Law- 
rence and M' Fretwell to acquaint this board that the house 



1709-10] JOURNAL OF GOVERNOR AND COUNCIL. 405 

did Not agree to the Amendments made by this board to the 
bill for Regulateing & appointing the fees of the Severall 
officers in this province 

And that the house did not agree to the Amendments made 
by this board for Leaveing out the words Representatives 
now met in Generall after the word (And) And before the 
word Assembly in the Sixth line of the first folio : 



PMer: 17'^ Janu: 1709 

At a Councill held at Burlington 

Present 
The hon : Coll Richard Ingoldesby L* Gover &c 

George Deacon Peter Sonmans 

Dan : Coxe Hugh Huddy Esqrs 

Roger Mompesson 

The Act for devideing and Assertaineing the boundaries of 
All the Counties in this province Read the Second time and 
Refered to the Gentlemen of the Councill or any three of 
them : 

The Act for Amending and Explaneing An Act for the 
Currancy of Bills of Creditt for three thousand pounds read 
the first time and ordered a Second Reading 

On the Act for Regulateing and Appointeing the fees of 
the Severall Officers &c & the house of Representatives have- 
ing disagreed to the Amendments made by this board 

Ordered that A Conferance be desired with the house of 
Representatives on the Said amendments This evening at 
Capt Allissons att Six of the Clock and that Roger Mom- 
pesson Esqr Coll Dan'^ Coxe & Peter Sonmans Esq be desired 
to manage the same 

Ordered that the Secretarie doe acquaint the house of 
Representatives with the Same 

Reasons offered by the Councill for adhering to their 



406 NEW JERSEY COLONIAL DOCUMENTS. [1709-10 

amendments to the bill intituled an Act for Regulateing and 
appointing the fees of the Severall Officers and Courts of this 
Province of New Jersey 

For the Amendments to the title of the Bill 

1'* The Bill it Selfe is intended and does extend as Well 
to the Practisers in as the officers of the Courts and therefore 
Regulerly ought to be mentioned in the Title of the Said bill 

For the first Amendment in the Bill 

Because Nothing has hitherto appeared to us that the 
Officers of the Government have deserved Soe Severe a Re- 
flection the Complaint haveing been more justly Cast on the 
Procesers of the Law 

2^ Amendment The 19"" Instruction of her Majesty to the 
Governor of this Collony is in these words 

You are to Observe in the passing of the Said laws & of 
all other Laws that the Stile of Enacting be by the Gover' 
Councill and Assembly and No other 

2* For that it appears to us by her Majestys Commission 
to the Governor that the Governor Councill and Assembly 
shall Constitute the Generall Assembly which seemed like- 
wise agreed to by this present assembly by two bills passed 
by them and Sent to the Councill the One Entituled An Act 
for the Assertaineing the place of sitting of the Representa- 
tives met in Generall Assembly the other Intituled an Act 
for Repaireing of Goales and Court houses in this province 
in both which these words are used by the L' Governor Coun- 
cill and Assembly 

3* Amendment for the Same Reasons as are given for the 
amendment of the Title: 

4'*' Amendment Because he might lawfully demand & 
Receive moneys for other things which this act doth Not 
extend to 

S**" Amendment: Because this Act is intended to Prevent 
Extortion or Exactions and not exclude VoUuntary Gifts 
and Presents 

6''' Because According to the Rules of Gramer Where the 
Nominative Case is in the Plurall number the Verb ought to 



1709-10] JOURNAL OF GOVERNOR AND COUNCIL. 407 

be Soe likewise and here the Substantive fees & the pronoune 
What being in the Plurall number the Verb ought to be Soe 
likewise and therefore We think Are is more proper than Is 

7th -^g thinke the words therein Exprest and Annexed 
hereunto are in themselves Repugnant and Not Consistant 
with the Bill it Selfe 

8* Amendment We thinke the Same penalty ought to 
extend to all officers whither Commissioned or Not Commis- 
sioned 

9"" Amendment. We are of the opinion that the fees Set 
downe in the Amendment by us made are reasonable & mode- 
rate between the Officers and practissers and others of her 
Majestys Subjects who imploy them and Generally much less 
than what are usualy Received and Allowed in the like Cases 
in England or by either of the former Ordinances of this 
Government and We Could Not expect that the house of 
Representatives Should Generaly Reject the Said Amend- 
ments Since many of them were the Same Sent up by the 
house onely changeing the figures into words : 

And for the aditionall Clauses we Rather beleived the 
house would have thanked us for them then disagreed there- 
unto Since they were drawn up with Soe much Care and De- 
liberation and if duely Considered would be found to be 
entirely Calculated for the ease and benifitt of the people and 
would be more advantageous to them then the whole bill 
besides : 

Dies Mercur 18*'^ January 1709 

At a Councill held at Burlington 

Present 
The honourable Coll Richard Ingoldesby L' Gov' &c 

Geo : Decon Peter Son mans 

Dan Coxe Esqrs Hugh Huddy Esqrs 

Roger Mompesson 



408 NEW JERSEY COLONIAL DOCUMENTS. [1709-10 

Ordered that the Secretary doe acquaint the house of Rep- 
resentatives that this board doe agree to the Conferance de- 
sired by that house on the Subject matter of the last Confer- 
ance & that they have appointed the Same at the house of 
George Willis at Six of the Clock this evening 



Dies Jovis 19''' January 1709 

At a Councill held at Burlington 

Present 
The Honourable Coll Richard Ingoldesby L' Gov' &c 

Coll Dan Coxe Hugh Huddy Esqrs 

Roger Mompesson 

Roger Mompesson Esqr Reported from the Commitie that 
were apointed to Manage the Conferance with the Commity 
of the house of Representatives on the bill Entituled An Act 
for Regulateing and Appointeing of y® fees of the Severall 
officers & Courts of the Province of New Jersey that they 
had met the Said Coniittie and Receaved the Reasons for the 
Said house disagreeing to the Amendments made by this 
board to the Said bill which are as follows Viz* 

Reasons offred by the house for their disagreeing to the 
Amendments of the Councill to the Bill Entituled an Act for 
Regulateing and Appointing the fees of the Severall officers 
and Courts of this province of New Jersey 

1" It is the opinion of this house that where the fees men- 
tioned in the bill & in the Amendments doe agree there was 
no need of any amendment 

2*^'^ It is the opinion of this house that had the fees allowed 
in England been Sutable to the circumstances of this Country 
or had the fees Allowed by the ordinances been thought 
Reasonable there had been no need of putting the Country 
to the trouble and Charge of prepareing this bill 



1709-10] JOURNAL OF GOVERNOR AND COUNCIL. 409 

3 : It is the opinion of this house that the fees allowed by 
the amendments in such perticulers as are increased above 
what Is allowed by the bill are too great and in Some things 
may exceed the ordinances 

4 : It is the opinion of this house that the fees allowed by 
the bill for the perticulers therein mentioned are very Rea- 
sonable and Sutable to the present circumstances of this 
province 

5 : It Is the opinion of this house that Some of the adi- 
tionall Clauses mentioned in the amendments may prove very 
prejudiciall to the Country 

6: It is the opinion of this house that the words (Repre- 
sentatives in Generall Assembly mett is the meanest title can 
be given to this house and thinke it Strange it Should be 
questioned now Several 1 bills haveing been formerly past 
without being questioned in that Stile and that Some bills 
have past this house in an other Stile to witt Some by the 
Word Assembly & some by the words Generall Assembly 
Clearely shews that this house were not carefull always to 
Observe one Stile But passt them as the persons appointed to 
■draw them thought fit to use 

Dies Vener 20*'^ January 1709 

At a Councill held at Burlington 

Present 
The Honourable Coll Richard Ingoldesby L* Gover" &c 

Geo Deacon : Peter Son mans 

Coll Dan Coxe : Hugh Huddy Esqrs 

Roger Mompesson 

The Reasons to be offred at the Confferance on the bill 
Entituled an Act for Assertaineing the Representatives fees 
of Generall Assembly Read 



410 NEW JERSEY COLONIAL DOCUMENTS. [1709-10 

Dies Saturni 21"* January 1709 

At a Councill held at Burlington 

Present 
The honourable Coll Richard Ingoldesby L' Gov^ &c 

George Deacon Peter Son mans 

Dan" Coxe : Esqr Hugh Huddy Esqrs 

Roger Mompesson 

Roger Mompesson Esqr Reported from the Committy to 
whome the bill Entituled An Act for Explaineing and Ren- 
dring more efectuall the Act for Suport of her Majestys 
Government of Nova Cesarea or New Jersey for one Yeare 

That he was directed to Report the Same without any 
amendments 

And the Said bill being Read the third time And the 
Question being putt whither the Said bill doe pass 
It passed in the affirmative 

Coll Coxe Reported from the Committie to whome the bill 
Entituled an Act for the devideing and Assertaineing the 
boundaries of all the Countys of this Province that he was 
directed to Report the Same without any Amendments And 
the Question being put whither the Said bill doe pass 
It passed in the affirmative 

Ordered that M"^ Secretary Bass doe acquaint the house of 
Representatives that this board doe Receed from the word 
Generall in the bills 

For preventing Swine Running at large 
<fe in the bill for Regulateing of Stalions 

And in the bill for Regulateing of fences : but that this 
board doe not agree to the adding the word Generall in the 
Glocester bill Since it is not an Amendment to the Amend- 
ments of this board but a New Addition to their owne bill 
which Regulerly Cannot be done 

Ordered that the Secretary doe acquaint the house that this 
board doe adhere to their amendments made to the Bill for 



1709-10] JOURNAL OF GOVERNOR AND COUNCIL. 411 

preventing prosecutions by Informations and desire a Con- 
ferance with the house on the Same at George Williss at 
three of the Clock in the afternoone on Moonday next : 

Ordered that the Secretary doe acquaint the Speaker that 
his honor doth Require the house to attend him in Councill 
Imediately. 

And the Speaker with the house attending his honor passed 
and gave his Assent to the following bills Viz* 

An Act for Explaineing and Rendriog more efectuall the 
Act for Support of her Majestys Government of Nova Cesa- 
rea or New Jersey for one yeare : fol : 9 

An Act for Assertaineing the place of Setting of the Rep- 
resentatives in Generall Assembly fol: 15 

An Act for better Qiialifieing Representatives to Searve in 
Generall Assembly within this province fol : 12 

An Act for devideing and Assertaineing the boundaries of 
all the Counties in this Province fol : 8 

An Act for building and Repaireing of Goales & Court 
houses in this Province fol : 1 1 

Dies Lunse 23*^ January 1709 

At a Councill held at Burlington 

Present 
The honorable Coll Richard Ingoldesby L' Gov"" &c 

George Deacon Peter Sonmans 

Daniell Coxe Hugh Huddy Esqrs 

Roger Mompesson 

Peter Sonmans Esqr Reported from the Committie ap- 
pointed to draw up the Reasons for this boards adhering to 
their amendments made to the bill Entituled an Act for 
Assertaineing the Representatives fees in Generall Assembly 
that had drawn up the Said Reasons which Are as follows 

Amendment : 1" By her Majestys instructions to the Gov- 
ernor 



412 NEW JERSEY COLONIAL DOCUMENTS. [1709-10 

Arti : IS"' it is ordered in these words in the latter part of 
the Instruction. 

And you are likewise to Send to our Said Commissioners 
the reasons for the passing of Such Law unless the same doe 
fully appeare in the preamble of the Said Act & Since the 
Reasons according to the Said Instruction must appear we 
thinke it More proper that the Reasons should be mentioned 
in the Preamble to the bill it selfe then by any Collaterall 
Letter from the Governor 

2"^ Because the people who are to pay the money will be 
the more Satisfied when they see and understand on what the 
Law is grounded 

3 : : That they are chosen for some City Towne or County 
of the Easterne or Western Devision and not any member 
chose for boath tho when Elected he Scarves in the house for 
the whole province 

4 : In the Governors Commission there is a Clause in these 
words That he Shall pass Laws Statutes and ordinances which 
Are not Repugnant but as neere as may be agreable unto the 
Laws and Statutes of this our Kingdome of Great Brittain 
<fe we thinke that Amendment very agreable to the Statute 
ReflFered to in the Amendment & indeed more Necessary in 
this Collony then in Great Brittain to obleidge the members 
of the house to Attend their duty and when mett to prevent 
them from absenting themselves before the buisness of the 
Sessions for which they are Called is finished Since there 
fourty of above five hundred can make a house and proceed 
on buisness whilst here a Majority of So Small a Number as 
twenty four is absolutely Necessary to enable them to proceed 
as an Assembly : 

We Receed from the Second amendment : 

And he also Reported the Reasons offred by the Councill 
for their Adhering to their amendments to the title and Bill 
Entituled an Act for preventing prosecutions by Informa- 
tions : 

That the title of the said bill and bill it Selfe are Repug- 
nant to the laws of England and the amendments made by 



1709-10] JOURNAL OF GOVERNOR AND COUNCIL. 413 

the Councill both to the title of the bill & the Bill it Selfe 
are as nere as may be Agreable to the Laws of England & 
her Majestys Comission and instructions to her Governor 

Peter Sonmans Esqr Reported from the Conferrance ap- 
pointed with the Committy of the house of Representatives 
That they had Met the Said Commitie & delivered their 
Reasons for their adhering to the amendments to the bill for 
Settling the Representatives fees in Generall Assembly 

And that he had delivered their Reasons for adhereing to 
the Amendments made to the bill for preventing prosecutions 
by Informations : 

Ordered that the Secretarie doe acquaint the house of Rep- 
resentatives that this board doe Receed from their Amend- 
ment of the word Generall in the bill for Reviveing and 
Continueing the Courts of Sessions and Common Pleas in 
the County of Glocester with the proceedings of the Same 



Dies Mercu 25**^ January 1709 
At a Councill held at Burlington 

Present 
The honorable Coll Richard Ingoldesby L' Gover' &c 

George Deacon Peter Sonmans 

Dan : Coxe Esqrs Hugh Huddy Esqrs 

Roger Mompesson 

Roger Mompesson Esqr Reported from the Conferance 
with the Comittie of the house of Representatives that they 
met the Commitie of the house of Representatives on the 
conferance desired by them on the bill for preventing prose- 
cutions by Informations and had Received their Reasons for 
their disagreeing with the Reasons of the Councill for their 
amendments 

And that at the Same time they Receved Some Amend- 
ments made by the house of Representatives to the Amend- 



414 NEW JERSEY COLONIAL DOCUMENTS. [1709-10 

ments made by this board to the bill for Settling the fees of 
all the officers and Courts of this province 

And then the Said Roger Mompesson Read the reasons of 
the house of Representatives for their disagreeing to the 
amendments made by this board to the bill for preventing 
prosecutions by Informations : & laid them on the table 

Coll Coxe Reported from the Commitie of this board that 
was appointed to Meet with a Commitie of the whole house 
of Representatives for the takeing Stateing & Examineing 
all the Accounts & charges relateing to the late Expedition 
against Canada & for enquireing into the bills of Creditt for 
three thousand pounds 

That the Said Comitte of the Councill had accordingly 
mett the Said Comitte of the whole house Severall times & 
that it did appear to the Comitte of this board that by an 
Act for enforceing the Currancy of of [^sic] Bills of credit 
for three thousand pounds M'' Thomas Pike Captain Thomas 
Farmer M"^ John Royse & Captain Elisha Parker or any 
three of them were Appointed & directed to Signe the Said 
bills of Creditt & that the Said M"" John Royse died shortly 
after the passing the aforesaid Act And before any of the 
Said bills of credit were Signed or Issued out 

That M'^ Thomas Pike Capt Thomas Farmer & Captain 
Elisha Parker the Surviveing persons appointed by the Said 
Act to Signe the Said bills of credit caused certain bills to 
be printed and Stamped partly in imitation of those directed 
by the Said Act but in many things differing from it & tho 
the Said IVP Thomas Pike Captain Thomas Farmer & Capt : 
Elisha Parker were suffitiently qualified by the Said Act to 
Signe the Said bills yet they did Assosiate to themselves 
without any lawfull authority or power given them by the 
Said Act one Adam Hude to Signe the bills they had Soe 
caused to be printed and Stamped most of which the said 
Adam Hude did Accordingly Sign Sometimes in conjunction 
with the Said three persons above named but oftner with 
onely two of them. 



1709-10] JOURNAL OF GOVERNOR AND COUNCIL. 415 

It likewise appeared to the Comitie that the Signers of the 
bills of creditt had paid unto M"" Miles Forster one of the 
Treasurers appointed by the Act for Raiseing three thousand 
pounds for her Majesties Service in the Said bills to the Val- 
ine of 2717" 15: 

And to D" John Roberts the other Treasurer appointed 
by the Said Act for raiseing 3000"' in the said Bills to the 
Valine of 248"^ 

It further appeared by the Account of the Said M' Miles 
Forster that he had Issued out upon the warrants of the 
Comissioners for manageing the expedition against Canada 
appointed by the Said Act for Provisions and other necessa- 
ries for the said expedition the Sum of: . . 1004" 7 : 9*^ 
And that the s^ Miles Forster had in 
the Said bills of Credit paid to Capt : 

John Harrisson & his company 793 .... 

To Cap' W"" Looker and his company . . . 514 .... 
To Major Jacob Spicer & his Company : . . 291: 5 . 



2602: 12: 9 



and that there was Remaineing 

in the hands of the Said Miles Forster 

the Sum of 115: 2:3 



2717: 15 



And that there Remaines due to the Said D" John Rob- 
erts the Sum of ten shillings 

That in pursuance to an order of the Said Comitte Capt 
Thomas Farmer & Captain Elisha Parker two of the Said 
Commissioners appointed as above produced their accounts of 
Provisions & necessaries Signed by Capt Elisha Parker onely 

That in pursuance of the like order of the Said Comitte 
Captain John Harrisson appointed Cornissary by the afore- 
said Act for raiseing £3000 produced an Account by him 
Signed to the truth of w'^^ he oiFred to Sweare before the S*^ 
Comraitte But a few days after brought in another Account 
likewise by him Signed very much differing from the former 



416 NEW JERSEY COLONIAL DOCUMENTS. [1 709-1 (> 

Die : Merc : A M 28 Decern : 
It was ordered by the Said Comitte that M"" Gordon joyne 
with M"" Secretary for Stateing and Examineing all the Ac- 
counts before the consideration of this Comitte & that they 
give the Committe notice when they have gone through the 

Same& 

Die Sabbat : 7* Janu 

It was further ordered that M'' Gordon & MJ" Secretarie 
proceed in Stateing & examineing all the Accounts before this 
Comitte and that they make proper Remarques on them and 
on the heads and every Article of them & report the Same to 
the Said Committe 

Accordingly on the 3b'' of this instant January M' Secre- 
tary and M"" Gordon made their Report and Delivered into 
the said Committe the Accounts Stated with their Remarks 
upon the Same under their hands 

Ordered that M"" Secretarie doe Read the Reports & Re- 
markes with the Accounts laid before the Committe of both 
houses which he Read and afterwards laid on the Table : 

Peter Son mans Esqr : Reported some further Remarques 
they had made on the before mentioned bills of Credit Vizt 

Whereas the Act for enforceing the Currancy of Bills of 
Creditt for 3000" haveing to prevent counterfitting any of 
the Said Bills provided that they Should be dated and in- 
dented on the top thereof with the Arms of the Queen of 
Great Brittain Stampd or printed on the left Side thereof 
towards the bottom of every of the Said Bills & that the 
Indent Should pair with & Suit a Counterpart thereof bound 
in a book for that purpose & Subscribed by the Partys 
therein appointed to do the Same to be kept by the Treasu- 
rers of the Same Tenor & date and Soe nere in Similitude in 
all circumstances as possible may be to Such bills of creditt 
that are Issued and made Currant in payment as aforesaid 

* Resolved by this board Nemine Contradicente That the 
said M' Thomas Pike Capt Thomas Farmer and Capt Elisha 
Parker haveing contrary to the directions of the Said Act 
caused bills to be printed and Stamped onely with Three 



1709-10] JOURNAL OF GOVERNOR AND COUNCIL. 417 

Lyons passant instead of the Arms of the Queen of Great 
Brittain are thereby guilty of A breach of the trust and Con- 
fidence reposed in them 

Resolved That the Said M^ Thomas Pike Capt : Elisha 
Parker and Capt Thomas Farmer haveing caused the Coun- 
ter parts of the Said bills to be printed without any Stamp 
and otherwise much differing from the directions of the Said 
Act were thereby Guilty of a breach of the trust and Confi- 
dence reposed in them 

Resolved That the Said M*^ Thomas Pike Captain Thomas 
Farmer & Capt Elisha Parker appointing & allowing one 
Adam Hude to Signe the Said bills was illegall unwarantable 
& asumeing to themselves a power of dispenseing with An 
Act of the Generall Assembly of this Province : 

Resolved That the Said Adam Hude takeing upon himselfe 
to Signe the Said bills without any legall Authority for the 
same is guilty of a high crime and misdemeanor 

Resolved That all Such bills which are Signed onely by 
two of the persons appointed by the Said Act & by the Said 
Adam Hude are null and voyd and would have been so had 
they in all other perticulers been consonant to the directions 
of the Said Act : 

And whereas it was Enacted by the aforesaid Act that 
Such persons as Should be convicted of counterfeiting any of 
the said bills of Credit should incurr the pains & penaltyes 
of Fellony without the benefitt of Clergy and Suffer accord- 
ingly 

* Resolved That the Issueing forth bills in other manner 
then is by the Said Act Rec^uired gave an Opertunity and 
may be an encouragement to evill disposed persons to coun- 
terfit the Same Because the pains and peualtys in the Said 
Act contained cannot be extended to them : 

Resolved That all the aforerecited proceedings & misman- 
agements of the s* M"" Thomas Pike Capt Thomas Farmer 
Captain Elisha Parker and M"" Adam Hude have in A great 
measure defeated the intent & designe of the aforesaid Act 

27 



418 NEW JERSEY COLONIAL DOOtJMENTS. [1709-10 

impaired the Credit! Stop'd the Curraney of the trade of this 
Collony and may be of very dangerous consequence to all the 
Inha[bi]tants thereof. 

Resolved that the Said M' Miles Forster hath produced 
proper vouchers under the hands of the aforesaid Comis- 
sioners for manageing the Expedition against Canada and the 
respective Captains for the bills by him issued out & paid 

Resolved that the said D" John Roberts hath produced 
proper Vouchers under the hand of Major Jacob Spicer one 
of the Caps in the expedition for the bills by him issued out 
and p** 

Resolved that the Accots relateing to the purchaseing of 
Provisions & Necessaries for the said expedition ought to 
have been Signed as well by the Said Capt Thomas Farmer 
as the Said Elisha Parker & likewise by the Said Adam 
Hude if he were duely qualified to act as a Commissioner by 
the said Act for raiseing £3000 : but it does Not appeare 
that he Was : 

Resolved That the state of the Commissioners accounts 
and the Remarks made thereon and Signed by M"^ Secretary 
Bass and M"" Thomas Gordon are true and Just 

Resolved that Capt Thomas Farmer and Capt Elisha 
Parker comissioners for manageing the expedition to Canada 
have acted fraudulently & unjustly and betrayed the trust 
reposed in them by the Country 

Resolved that the State of the Accounts of Capt John 
Harrison appointed Commissary by the beforerecited Act for 
the encouragement of Vollunteers &c & the remarks 

made thereupon & Signed by M' Secretary Bass and M' 
Thomas Gt4)rdon are true and Just : 

Resolved that the Said Capt John Harrison hath Acted 
Corruptley fraudulently & unjustly and betrayed the trust 
reposed in him by the Country 

It is the opinion of this board that M' Secretary Bass hath 
taken a great Deale of paines and done Justly and fairely in ' 
the takeing and makeing Remarkes In the Said Accounts & 



1 



1709-10] JOURNAL OF GOVERNOR AND COUNCIL. 419 

that he have the thanks of this board for his care Taken 
therein : 

Roger Mompesson Esqr Reported from the Commitie that 
they had Met the Commitie of the house of Representatives 
on the bills entituled An Act for Assertaineing the Repre- 
sentatives fees of Generall Assembly that he had Received 
some amendments made by that house to the amendments 
made by the Councill 

A Message from the house of Representatives by Capt 
George Duncan & M"" John Harrison to acquaint this board 
that the house had passed an Act entituled An Act for asser- 
taineing the punishment of Such persons as had deserted her 
Majesty s Service in the expedition against Canada to which 
they desired the Concurrance of this board 

Roger Mompesson Esqr Read the Severall amendments 
in his place 

Resolved that this board doe agree with the house in all 
the Said Amendments except the last to which they doe not 
agree 

The Act for assertaineing the punishment of such persons 
as desserted her Majestys Service in the late expedition against 
Canada 

Read the first time and Ordered A Second Reading 

Peter Soumans Esqr moved for leave to bring in a bill 
for the Issueing new bills of Credit which being Granted 

He brought in a bill Entituled An Act for caleing in and 
declareing null and Voide certain paper bills termed bills of 
creditt lately published in this province and for Issueing 
others and inforceing the Currancy thereof Read the first 
time and Ordered A Second Reading 

The bill Entituled An Act for Assertaineing the punish- 
ment of Such persons as deserted her Majestys Service in the 
late expedition against Canada Read the Second time and 
Committed to the Gentlemen of the Councill or any three of 
them 

The bill Entituled An Act for Caleing in & declareing 



420 NEW JERSEY COLONIAL DOCUMENTS. [1709-10 

Null & Voide certain paper Bills termed bills of Creditt 
lately published in this province and for Issueing others and 
Inforceing the Currancy thereof 

Read A Second time and Comitted to the Gentlemen of 
the Councill or any three of them 

Dies Jovis the 26'" Janu' 1709 

At a Councill held at Burlington 

Present 
The honourable Coll Richard Ingoldesby L' Gover'^ &g 

Geo Deacon Peter Son mans 

Daniell Coxe Esqrs Hugh Huddy Esqrs 

Roger Mompesson 

Peter Sonmans Esqr Reported from the Coinitte to whome 
the bill for declareing null and voide Ceirtaine paper bills 
termed bills of creditt lately published in this province that 
they had made Severall Amendments to the Same which he 
Read in his place and afterwards laid on the Table 

And the Question being putt whither this board doe agree 
with the Committee in the Said Amendments 
It passed in the affirmative 

And then the said bill being Read the third time & the 
Question being putt whither the Said bill doe pass with the 
Amendments 

It passed in the affirmative 

Ordered that the Secretarie doe Carie the said bill to the 
house of Representatives for their Concurrance 

On the motion of Coll Coxe Ordered that the Secretary 
doe prepare an Ordinance for holding the Courts of Quarter 
Sessions and Common pleas Alternately at Salem & Green- 
wich on Cesarea River : 

Peter Sonmans Esqr moved that it Might be an instruc- 
tion to the Comittie to whome the bill for the punishment of 



1709-10] JOURNAL OF GOVERNOR AND COUNCIL. 421 

deserters was Refered that the Comittie might Receive and 
bring in a Clause or Clauses in the Said bill for obleidgeing 
Oapt Thomas Farmer Captain Elisha Parker and M'' Adam 
Hude who acted as Commissioners for provideing Necessa- 
ries and Stores and Captain John Harrisson the Commissary 
in the late expedition against Canada to Refund Such moneys 
as is already or hereafter shall be discovered that they have 
defrauded the Country of in the execution of their Respec- 
tive offices and for aplyeing the Same to the Publique Service 
of this Collony : 

Dies Vener 27'" Janu 1709 

At a Councill held at Burlington 

Present 
The Honourable Coll Richard Ingoldesby L' Gover"" &c 

George Deacon Peter Sonmans 

Coll Dan Coxe Esqrs Hugh Huddy Esqrs 

Roger Mompesson 

Ordered that Andrew Heath be forthwith Sent for to At- 
tend his honor in Councill to give an accot what he knows 
about the Reports made of the Riseing of the Indians 
Post Merid Ejus : Die 

The ordinance for altering of the Setting of the Courts of 
Quarter Session & Common pleas in the County of Salem 
Read and Signed by his hon"" 

The petission of Captain Lancaster Syms M"^ Peter Bard 
Peter Fauconnier Jacob Baillergeau & Elias Beaudinott in 
behalfe of themselves & Sundry others Merchants and Tra- 
ders in the provinces of New Jersey New Yorke &c Read 
and the Petisioners called in 

Who Generally urged that those bills called bills of Cred- 
itt that Ware Signed by Capt Tho Farmer Capt Elisha 
Parker & Adam Hude &c had Generally lost their Creditt 
both in this & the neighberiug provinces & were of No Val- 



422 NEW JERSEY COLONIAL DOCUMENTS. [1709-10 

lue Because they ware not made nor Signed According to the 
directions of the Act of Assembly That Captain Parker one 
of the Commissioners himselfe had said they were not good 
being Not printed and Stamped according to the direction of 
the said Act and oifred himselfe to pass them at 16 per cent 
Discount they also said that there has been Severall seen that 
are different print & & \_siG] that the Merchants have great 
reason to feare & are Realy afraid that there are already bills 
Counterfeited by some evill persons & that if these bills 
should be confirmed by An Act of the Assembly yet that the 
Merchants had Resolved Not to take or accept of Any of 
them but that if these bills were Called in and new ones 
issued out in which the directions of the Act of Assembly 
were followed they would have a Generall Creditt & be 
accepted equall to money by the Merchants both of New 
Yorke and New Jersey 

Peter Sonmans Esqr Reported from the Coinittie to whome 
the bill Entituled an Act for amending the bill for enforce- 
ing the Carrancy of bills of Creditt for three thousand 
pounds that they had made Severall Amedments to the 
Same which he was directed to Report to this board when 
they would please to Receive the Same 

Ordered that the Report be Made Imediately and then 
Peter Sonmans Esqr Reported the said bill with the amend- 
ments & laid them on the table 

And the Question being put whither this board doe agree 
with the Committie in the Said Amendments 
It passed in the afirmative 

Ordered that the said bill with the amendments be read a 
third time 

And the said bill with the amendments being read a third 
time 

And the Question being putt whither the Said bill with 
the Amendments doe pass it passed in the Affirmative 

Ordered that the Secretarie doe carie the Said bill to the 
house of Representatives for their Concurrance : 



1709-10] JOURNAL OP GOVERNOR AND COUNCIL. 423 

Dies Sabbat 28*'' January 1709 

At a Councill held at Burlington 

Present 
The Honourable Coll Richard Ingoldesby L' Gover'' &c 

George Deacon Peter Sonmans 

Dan" Coxe Esqrs Hugh Huddy Esqrs 

Roger Mompesson 

Coll Coxe Reported from the Coinittie to whome the bill 
for Assertaineing the punishment of such persons as had 
deserted her Majesties Service in the late Expedition against 
Canada that they had made Severall Amendments to the 
Same which he was directed to Report to this board when 
they would please to Receive the Same 

Ordered that the Report be made imediately 

And then Coll Coxe Reported the Said Amendments in his 
place and afterwards laid them on the table 

And the Question being putt whither this board doe agree 
with the Comittie in the Said Amendments 
It passed in the afirmative 

And the Said bill being Read the third time and the Ques- 
tion being putt whither the Said bill with the Amendments 
doe pass 

It passed in the afirmative Nemine Contra dicente 

Ordered that the Secretarie doe Carie the said bill to the 
house of Representatives for their Concurrance 
Post Merid Ejus diei 

A Message to the house of Representatives by M'' Secre- 
tary to acquaint that house that this board had agreed to the 
free conferance desired on the Subject Matter of the bill for 
Settling the fees of the officers & Courts &c and had ap- 
pointed Moonday ten of the Clock at George Williss : 



424 NEW JERSEY COLONIAL DOCUMENTS. [1709-10 

Dies Lunte 30* January 1709 

At a Councill held at Burlington 

Present 
The honorable Coll Richard Ingoldesby L' Gover"" &c 

Geo. Deacon Peter Sonmans 

Daniell Coxe Esqr Hugh Huddy Esqr 

Roger Mompesson 

The Petision of IVP Peter Fauconnier Setting forth that he 
hath entred bond for four thousand pounds as Receiv^er Gen- 
erall of this province & that in that Station he hath paide 
what ever he hath Received on the tax then laid for the Sup- 
port of this Government and had good and Suffitient War- 
rants for the Same & desired that his accounts might be 
adjusted and his Securities discharged being Read 

Ordered that George Clarke Esqr deputy of the auditor 
General! doe before the Sixteenth day of March Next audit 
the accounts of M"" Peter Fauconier late Receiver Generall of 
this province dureing his acting in that post : 

Ordered that in Case George Clarke Esqr deputy auditor 
Generall doe not audit the Said Accounts by the said time that 
Peter Fauconier Esq doe lay the said Accounts with their 
proper vouchers before this board at their Next Session in 
order to their being audited by this board 

Dies Lun:e 3P' January 1709 

At a Councill held at Burlington 

Present 
The honourable Coll Richard Ingoldesby L' Governor &g 

Coll Daniell Coxe Peter Sonmans 

Roger Mompesson Hugh Huddy Esqr 

Ordered that M"^ Secretary Bass doe acquaint the house of 



1710] JOURNAL OF GOVERNOR AND COUNCIL. 425 

Representatives that his honor the Lieutenant Governor Re- 
quires that house to attend him in Councill Imediately 

And the Speaker with the house Attending his honor gave 
his Assent to the following Bills Viz' 

An Act for Assertaineing the Representatives fees in Gen- 
erall Assembly fol : 13 

An Act for Reviveing and Continueing the Courts of Ses- 
sions and Common Pleas in the County of Glocester with 
the proceedings of the Same fol : 17 

An Act for Regulateing of fences fol : 16 

An Act for Regulateing of Stone horses or Stalions that 
Runn at large in this province fol : 14 

And an Act for the Amending an Act for preventing 
Swine Running at large fol : 10 & then his honor adjorned 
the Assembly untill the Seaventeenth day of March Next : 

J Bass Secretary 

Dies Mercu VI"' Decern 1710* 

At A Councill held at Burlingtou 

Present 
His Excel Robert Hunter Esq'' Cap' Gen & Governor 

r Lewis Morris ~] f Peter Sonmans ") 

William Pinhorne | | Hugh Huddy I 

J George Deacon [ ^ ^[ Thomas Gordon } Esqrs 

I Richard Towneley j ^ j Thomas Gardiner j 
I Daniell Coxe j (^ Robert Quarry j 

I Roger Mompesson J 

The following members of the house of Representatives 
tooke the oaths appointed to be taken in the Roome of the 
oaths of Allegiance and Supremacy and tooke and Subscribed 
the Test and Abjuration oath : Vizt 

* Brigadier Hunter, the newly-appointed Governor of New Jersey and New York, 
having arrived June 14, 1710 (N. Y. Col. Does., V., 165), summoned a new Assembly 
for November 14, 1710, but he 'was obliged to postpone it until December.— A'. /. 
Archives, III., 11, 16. His commission and instructions are given in N. Y. Col. Docs., 
v., 92, 144. A biographical sketch is given in N. J. Archives, III., U, note. 



426 NEW JERSEY COLONIAL DOCUMENTS. [1710 

John Johnson William Bustill 

Isaac Sharp Andrew Van Boskirk 

John Reid Gershoni Mott 

Tho Farmer Cornelius Longefeild 

Adam Hude John Tunnisson 
William Lawrence 

and these following being of the People Called Quakers tooke 

their Sollemn afirraations Vizt 

Peter Fretwell John Mason 

John Kay Hugh Middleton 

John Kaighan Joshua Humphreys 
Tho Lambert 

and were then directed by his Excellency to Repaire to their 

house and Chuse their Speaker* 

Dies Jovis 

At A Councill held at Burling the 7"' December 1710 : 

Present 
His Excell^ Robert Hunter Esqr Capt Gen & Cover' 

C Lewis Morris "^ f Peter Sonmans ^ 

I W" Pinhorne | j Hugh Huddy j 

■{ George Deacon } Esqrs ■[ Thomas Gordon J- Esqrs- 
j Richard Towneley I j Thomas Gardiner 

(^ Daniell Coxe j (^ Robert Quarry j 

The house of Representatives attended his Excellency and 
presented M'' John Kay to be their Speaker who Approved 
of their Choise and then Spake to them as follows 

Gentlemen 

I am little used to make Speaches So you shall not be 

♦Isaac Decou and Robert Wheeler, of the town of Burlington; Bartholomew 
Wyat (with Isaac Sharp), of the county of Salem; Jacob Spicer (with Peter Fret- 
well), of Cape May ; Joseph Marsh and John Treat, of Essex ; William Sandford 
(with Andreas Vanbuskirk), of Bergen, were also members of the new Assembly.— 
Smith's Hist. iV. J., S70, «.; N. J. Hist. Soc. Proceedings, May, 1850, S6. 



1710] JOURNAL OF GOVERNOR AND COUNCIL. 427 

troubled with A Longe one If honesty be the best pollicie 
Plainess must be the be best Oratry 

So to deale plainely with you So longe as these unchristian 
Divisions which her Majesty hath thought fit to deserve her 
Repeated Notice Reigne amongst you I Can have but small 
hopes of A happy Issue to our Meeting 

This is an evill which every body Complains of but few 
take the Right method to Remedy it. Let every man begin 
at home and Weede the Rancer out of his own mind and the 
worke Is done at once 

Leave disputs of property to the Laws and Injuries to the 
Advenger of them and like Good Christians & Good Sub- 
jects Joyne hearts and hands for the publiq Welfare : 

I hope you all agree in the Necesity of Supporting the 
Government and Will Not DiflPer about the means 

That It may the better deserve your Support I shall en- 
deavor to Square it by the best Rule that I know that is the 
power from whence it is derived which all the world must 
owne to be Justice and Goodness it Selfe 

There are Severall Matters Recomended to You by her 
Majesty to be past into Laws which I shall lay before you at 
proper Seasons and heartily Concur with You In Enacting 
whatsoever may be Requisite for the Publiq Peace and 
Security the Curbeing of Vice and the Incourageing of 
Virtue 

If what I have Said or what I can doe may have the blest 
efect I wish for I shall bless the hower that brought me 
hither If I am disapointed I shall pray for that which Is to 
Call me back For all power except that of doeing Good i& 
but A Burden 

The Petision of Elizabeth Towne and Woodbridge Read 
and the further consideration thereof Refered till M' Reg- 
nier of Councill for the Petisioners come to towne 



428 NEW JERSEY COLONIAL DOCUMENTS. [1710 

Dies Mercu 13"' December 1710 

At A Councill held at Burlington 

Present 
His Excellent Robert Hunter Esq Capt Gen &c 

Lewis Morris ^ Hugh Huddy ^ 

W" Pinhorne I Tho Gordon I Esqrs 



Rich Towneley f ^^^^ '■ Tho Gardiner J 
Peter Sonmans J 

A Message from the house of Representatives by M' Far- 
mer and M"" Fretwell to acquaint his Excellency that the 
house had prepared an Address and desired to know when 
they should attend his Excellency therewith 

His Excellency was pleased to direct them to Attend him 
Imediately. 

And that the house desired that M"" Bartholomew Wyatt a 
member of that house might take his Qualifications Who 
being of the people called Quakers tooke his Sollemn afirma- 
tion and Signed the Declarations 

As also that his Excellency would be pleased to direct the 
Clerke of the Crowne to make out a new writ for the Elec- 
tion of two members to Searve for the towne of Burlington 

Ordered that the Clerke of the Crowne doe forthwith Issue 
out a New writ for the choise of two Representatives to 
Searve for the Towne of Burlington 

The Speaker with the house of Representatives attending 
were called in and Delivered the fol Address Viz' 

May it please Your Excellency 

We Sincerely congratulate your accession to the Govern- 
ment of this province & hope the Long wisht for time is 
come in w''*' the unchristian causes of our divisions will be 
taken away w"** we perswade our Selves you will be as will- 
ing as we conceive you are able to doe by divesting A few 



1710] JOURNAL OF GOVERNOR AND COUNCIL. 429 

designeifag men of that authority they use to the worst pur- 
posses : 

We have experienced repeated instances of her Majestys 
care over us amongst w'^'' one was the sending the Good Lord 
Lovelace who put an end to an administration the then As- 
sembly of this province with very Great Justice Stiled the 
worst New Jersey had ever known, that Good man lived 
longe enough to know how much we had been oprest tho not 
to Remove the Causes, Another instance of her Majestys 
Royall favor we Esteame Is the Sending your Excellency to 
Govern us and we perswade our Selves Your Conduct will 
Evince it to be so. We hope great things from you and none 
but what are just. Let not 111 men be put or Continued in 
power to oppress Let her Majestys Subjects enjoy their Lib- 
ertys and their propertys according to the Laws and Let not 
those Laws be warpt to Gratifie the avarise or Resentment of 
any and then we may safely Leave disputes of property to 
them this we are humbly of the opinion Is the Greatest hon- 
esty and We make No Question you esteame [it to be] the 
best policy : 

We always thought it equally Reasonable to Support A 
Government and to denie that Suport to Tyrany and opres- 
sion we should be Glad our abilitys would come up to what 
we esteame your merrits what we are able to doe shall be 
Sincerely done and In as agreable a Manner as we are capa- 
ble all Your desires which we doubt not will be Reasonable 
shall be CoiSands to us who will Always be Ready to joyne 
in any thing that may Conduce to the publique benifit and 
Your owne And hope you may never want will & power to 
punish weikedness and Vice and Encourage true Religion 
and Virtue which if you doe we shall esteame you our De- 
liverer and Posterity shall mention your name with honor 

Severall of the members of this house being of the 
people called Quakers doe agree to the Matter and 
Substance of the above written but make Some excep- 
tion as to the Stile 



430 NEW JERSEY COLONIAL DOCUMENTS. [1710 

Dies Veneris 15"^ Decern''' 1710 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Cap* Gen &c 

Lewis Morris ^ Hugh Huddy ^ 



W" Pinhorne 
George Deacon 



W«^ Hall I 

Tho Gordon )- Esqrs 



Rich Towneley I ^ Tho Gardiner 

Daniell Coxe | Robt Quarry j 

Roger Mompesson J 

William Hall Esqr tooke his Sollerau afirmation & Sub- 
scribed the declarations and Test as one of her Majestys 
Oouncill for this province 

Dies Sab the 16'" December 1710 : 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Cap' Gen &c 



Lewis Morris ") 


Hugh Huddy ^ 


W™ Pinhorne I 


W" Hall 


Richard Towneley )■ Esqrs 


Thomas Gordon |> Esqrs 


Daniell Coxe 


Thomas Gardiner j 


Roger Mompesson 


Robert Quarry j 



His Excellency CoiSunicated to this board Severall In- 
structions from her Majesty relateing to laws to be passed in 
this province togeather with her Majestys Letter onder her 
signe manuall in favor of my lady Lovelace and Another 
letter Relateing to the diiferances betwixt the Councill and 
Assembly of this province : 

Ordered that all proceedings Relateing to Peter Blacke- 
feild * both in the Councill and Supreame Court be laid before 
this board at their next Sitting 

*N. J. Archives, III., 358; IV., 42, 45. 



1710] JOURNAL OF GOVERNOR AND COUNCIL. 431 

Dies Lunse IS"' December 1710 

At A Councill held at Burlington 

Present 
His Excelpy Robert Hunter Esqr Captain Gen and Gover 



Lewis Morris ^ 
William Pinhorne I 

I 

George Deacon ) 
Daniell Coxe j 

Roger Mompesson j 



Peter Son mans ^ 

Hugh Huddy • 

Esqrs Thomas Gordon f ^^^^^ 

Thomas Gardiner j 



Ordered that the Secretarie doe lay before the house of 
Representatives her Majestys Letter in favor of the Lady 
Lovelace togeather with Sundry Instructions from her Majesty 
to be past into Laws 

M' Secretarie Bass laid before this board all the proceed- 
ings in the Supreame Court against Peter Blackefeild which 
were read at this board 

Ordered that those concerned in the Elizabeth Towne 
Petision doe attend this board to morrow morning 



Dies Martis W^ December 1710 

At A Councill held at Burlington 

Present 
His ExcelP^ Robert Hunter Esqr Capt Gen and Gover 



Lewis Morris 
W" Pinhorne 
Geo Deacon 
Rich Towneley 
Daniell Coxe 
Roger Mompesson 



Peter Sonmans^ 
Hugh Huddy 
W- Hall 
_^ Esqrs Tho Gordon f ^^^^^ 

Thomas Gardiner j 
Robert Quarry j 



M"^ Regnier haveing brought two writs of Error to remove 
two causes one in the name of Jonathan Ogden and the other 



432 NEW JERSEY COLONIAL DOCUMENTS. [1710 

in the name of Benjamin Ogden from the Supreame Court 
to this board M" Bichley moved that the said writs might 
not be Allowed because her Majestys Instructions Restricted 
the Removeall of Causes from the Supreame Court to this 
board to the Sum of one hundred pounds Sterling and also 
because they had Given no Security on the takeing out of 
the writs of Error As by her Majestys instructions they were 
Required to doe And M'^ Regnier moveing further that 
Such persons as Satt Judges in Court when the Judgement 
was given might Avithdraw whilst the matter was in debate 
And her Majestys instructions relateing to the bringing of 
Appeales in Case of Error being Read and the Councill on 
boath Sides being Readd [Heard] they withdrew and the matter 
being fully debated It is the opinion and Order of this board 
That the Said writs of Error be Rejected the causes being 
within the Sums limited by her Majestys instructions Relate- 
ing to appeales in causes of error 

Dies Jovis the 21'' December 1710 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Gen & Gove"" 

Lewis Morris ^ Roger Mompesson "^ 

William Pinhorne I Peter Sonmans | 

Geo Deacon )■ Esqrs Hugh Huddy )> Esqrs 

Rich Towneley Tho Gordon l 

Daniell Coxe j Tho Gardiner j 

The Petion of May Bichley on the behalfe of John and 
Elizabeth Tatham being Read and M'^ Revell the trustee of 
the said John and Elizabeth Tatham being mentioned therein 
and Not being Present 

Ordered that M"" Revell be Served with a Coppy of the 
Said Petision in order to his makeing Such Awnswer there- 
onto As he shall thinke fitt 



1710] JOURNAL OF GOVERNOR AND COUNCIL. 433 

Coll Coxe moved that he might have Leave to bring a 
bill for the Encouragement of building of Shipping in this 
province 

Ordered that Leave be given to bring in the Said bill and 
that Coll Coxe & M"" Son mans be appointed to draw up and 
bring in A bill for the Incouragement of the building of 
shipping in this Province 

M"" Sonmans moved for Leave to bring in a bill for the 
Encouragement of the Fishery of this province 

Ordered that Leave be given to bring in the Said bill and 
that M'' Sonmans Coll Coxe and Roger Mompesson Esqr doe 
prepare and bring in the Same 

A Message from the house of Representatives by John 
Johnson and Isacc Sharp to acquaint this board that the 
house had passed the following Acts Viz 

An Act for Assertaineing the Qualifications of Jurors and 
enabling the Quakers to Searve and Enjoy places of Profit 
and Trust within this province : 

An Act for Acknowledgeing and Recording of Deeds and 
Conveyances of Land within each Respective County of this 
province 

And an Act for Preventing of Prosecutions by Informa- 
tions to which they desired the Concurrance of this board 

The Act for Assertaineing the Qualifications of Jurors cfec 
Read the first time and ordered a Second Reading 

The Act for acknowledging and Recording of Deeds and 
Conveyances of Laud &c Read the first time and Ordered A 
Second Reading 

The Act for preventing prosecutions by Informations Read 
the first time and Ordered A Second Reading 

28 



434 NEW JERSEY COLONIAL DOCUMENTS. [1710 

Dies Sabb 23" December 1710 

At A Coiincill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capta Gen and Govern"^ 



Peter Son mans ^ 
Hugh Huddy > Esqrs 
Tho Gardiner j 



Lewis Morris 

W" Pinhorne 

George Deacon „ 

Rich Towneley ( ^ 

Daniell Coxe | 

Roger Mompesson J 

An Act for the Amending and Explaineing an Act for 
the Currancie of Bills of Credit for three thousand pounds 
Read the first time and ordered A Second Reading 

The Act for Acknowledgeing and Recording of Deeds & 
Conveyances of Land within each Respective County of this 
province Read the Second time and the Question being put 
whither the Said bill be Committed 

It past in the Negative 

And The Question being put whither the Said bill be 
Rejected 

It past in the afirmative 

Ordered that the Said bill be Rejected 

The Act for Preventing Prosecutions by Informations Read 
the second time and the Question being put whither the Said 
bill be Comitted 

It past in the Negative 

And the Question being put whither the Said bill be 
Rejected 

It past in the Affirmative 

Ordered that the Said bill be Rejected 

On the motion of Coll Coxe that the Attorny General 1 file 
no information against any person without an order from the 
Governor in writeing 

Ordered that the Attorny Generall doe Not file any infor- 



1710-11] JOURNAL OF GOVERNOR AND COUNCIL. 435 

mation against any person without an order from the Governor 
in writeing under his hand 

The bill Entituled An Act for Assertaineing the Qualifi- 
cations of Jurors and Enabling the Quakers to Searve on them 
and to Enjoy places of profit and trust within this province 
Read the Second time and the Question being put Whither 
the Said bill be Coinitted 

It past in the Negative 

And the Question being put whither the Said bill be 
Rejected 

It past in the Affirmative 

Ordered that the Said bill be Rejected 

Motion being made that Leave be given to bring in a bill 
for the Ease and benifitt of the people Called Quakers pur- 
suant to her Majestys instructions 

Ordered that Leave be given to bring in the Said bill and 
that the Cheif Justice Coll Towneley & Coll Pinhorne doe 
prepare and bring in the Same 

Dies Lunse Primo Janu 1710 : 

At A Councill held at Burlington 

Present 
His ExcelP^ Robert Hunter Esqr &c 



Lewis Morris ^ Roger Mompesson 

W"" Pinhorne | Peter Sonmans 

George Deacon J> Esqrs Hugh Huddy )- Esqrs 

Rich Towneley j Tho Gordon I 

Daniell Coxe j Thomas Gardiner j 



The bill Eatituled an Act for amending & explaining an 
Act for the Currancy of Bills of Credit for three thousand 
pounds Read the Second time & Committed to the Gentle- 
men of the Councill or any five of them 

Ordered that Lewis Morris Roger Mompesson Peter Son- 



436 NEW JEESEY COLONIAL DOCUMENTS. [1710-11 

mans & Tho Gordon Esqrs doe prepare and draw up an 
Ordinance for the high Court of Chancery to be held in this 
province. 

On the motion of M"" Huddy the following Address was 
ordered to be Entred Viz' 

To his Excellency Robert Hunter Esqr Captaine Generall 
and Comander in Cheif in and over the Provinces of New 
Jersey New Yorke and all the Territories & Tracts of Land 
Depending thereon in America and Vice Admirall of the 
Same &c 

The Humble Address of the members of her 
Majestys Councill whose names are hereunto Sub- 
scribed 

May it please Your Excel P^ 

The law of heaven as well as that of nature requires the 
Support of Government the Necessity whereof hath been 
Allowed in all Ages And our Experience hath Let us See 
how usefuU it Is to maintaine the honor and dignity of the 
Crowne even in order to the preservation of the Libertys and 
property s of the Subjects 

Of all Nations in the univers we have reason to esteame 
our selves the most happy in being Subjects to the Queen of 
Great Brittaine the best of princes and under the wisest con- 
stitution of Government in the world not to be mended by 
humane invention We therefore deeme ourselves in Con- 
science bound as farr as in us Lies in our Severall Stations 
to use our Endeavors to Preserve the Prerogative from I^y- 
centious incroachments as the Rights and Libertys of the 
Subjects from open Violations 

That all the Just debts of the Government be duely Satis- 
fied that Courts of Judicature be thoroughly established that 
fitt and proper officers be Appointed in each County that 
Convenient Jayles for the Secureing Debtors and Criminalls 
be Erected and that there be a Steady Equall & Impartiall 
distribution of Justice to all men are the true and Reall 



1710-11] JOURNAL OF GOVERNOR AND COUNCIL. 437 

Sentiments of our Soules and Amidst the Confusion and dis- 
orders of this Collony Since we have been Stiled and treated 
as a Party with all humility thinke it Necessary to acquaint 
Your Excellency that this [is] a party & the onely party we are 
and have ever been of and from which we can See no Rea- 
son to Receed but thinke the duty of our trust & tye of our 
oaths Require these things which We Supose to be agreable 
to the Reason & Justice of mankind To the honor of the 
Crowne and to the quiet and prosperity of the province 

The Noble Character we Received of Your Excellencys 
Loyalty Justice and Great Abilitys before We had the honor 
of Seeing You asured us of All imaginable Countenance and 
Support in these our Just Endeavors and Since Justice is the 
best and Surest foundation of Government and the Strongest 
Ligament to Cement the minds Of men in peace and union 
We Could Not but Rejoyce to hear that worthy Expression 
of your Excellencys at Your first Arivall in this province 
That Justice Should be Impartialy Administred And that 
there Should be No determination of any mans property but 
by Legall proceedings in the ordinary Courts of Judicature 
which has Since been Confirmed to us by Your Excellencys 
Speach at the opening of this present Assembly 

We most heartily Pray for your Excellencys hapiness and 
Prosperity and Shall Sincerely as in duty bound use our 
Reall Endeavors to Suport the honor of the Government and 
the preservation of the peace and welfare of this province 
under Your Excellencys Administration : * 

William Pinhorne 
Rich Towneley 
Daniell Coxe 
Roger Mompesson 
Peter Sonmans 
Hugh Huddy 
W" Hall 
Robert Quarry 

*And see the copy of this address iu N. J. Archives, IV., 17, 



438 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

Ordered that the Gierke of the Councill doe for the future 
keepe Seperate bookes of the proceedings of the Councill in 
Relation to the passing of bills and that the house of Repre- 
sentatives have Alwayes Liberty of Access to See what entrys 
are made therein but for any thing before that Is not Entred 
in Seperate bookes that Aplycation be made to his Excellency 
for perticuler Leave to be Given the Glerk for the Same 



Die Martis 2'' January 1710 

At A Gouncill held at Burlington 

Present 
His Exc'^ Robert Hunter Esqr Captain Gen' & Gover'' 



Lewis Morris 
W" Pinhorne 
George Deacon 



Peter Sonmans ^ 
Hugh Huddy I 
Tho Gordon )■ Esqrs 



Rich Towneley ,' ^ Tho Gardiner 

Daniell Coxe l Ro''' Quarry 

Roger Mompesson J 

His Excellency acquainted this board that he had A Mes- 
sage from the house of Representatives desireing that the 
Secretary might Lay before them An Address from the 
Councill to the Queen In the time of Coll Ingoldesbys Ad- 
ministration as also the proceedings of the Councill in Rela- 
tion to the Legislature about that time 

after Some debate The Question was put Whither the 
Addresses in that time Should be Read 

It passed in the afirmative 

And then the Address and Representation of the Lieu- 
tenant Gover"^ and Councill to her Majesty being Read 

The Question was put Whither the house of Representa- 
tives Should have a Sight of that Address and Representation 
It passed in the Negative 

Ordered that the Secretarie doe Shew to the house of 



1710-11] JOURNAL OF GOVERNOR AND COUNCIL. 439 

Representatives Such minuts of Councill as Relates to the 
passing of Laws dureing the Administration of Coll Rich 
Ingoldesby but that this board doe Not Concent to the shew- 
ing them the Adress or Representation 

Die Mercur 3"^ January 1710 
At A Councill held at Burlington 

Present 
His Exc' Robert Hunter Esqr Capt Gen' & Governor 

liCwis Morris Peter Sonmans 

W"' Pinhorne Hugh Huddy 

Geo : Deacon Esqrs Tho Gordon Esqrs 

Rich Towneley Tho Gardiner 

Daniell Coxe Coll Rob' Quarry 
Roger Mompesson 

Lewis Morris Esqr Reported from the Committy appointed 
to prepare and draw up an ordinance for establishing a Court 
of Chancery in this province that they had Met and Some 
dificultys ariseing about the persons to be Comissionated as 
Judges in Chancery how or In What Nature they were to be 
Comissionated or to Act he was directed to Report the Same 
to this board 

And the Matter haveing been debated at this board 
Ordered that this debate be Adjorned till Another time 
A Bill for Regulateing the Practise of the Law Read the 
first time and Ordered A Second Reading 

The bill for Regulateing and Appointing the fees of the 
Severall Officers and Practisers of the Law in All Courts of 
this province of New Jersey Read the first time and Ordered 
A Second Reading 

On the motion of Roger Mompesson Esqr that Leave be 
Given to bring in a bill for the Dettering Negroes and other 
Slaves from Committing Murder and other Notorious oifences 
With in this Collony 



440 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

Ordered that Leave be given to bring in the said bill And 
the said bill being brought In 

The bill Entituled An Act for Deterring Negroes and other 
Slaves from Committing murder and other Notorious ofiPences 
within this Collony was Read the first time and Ordered A 
Second Reading 

Die Vener : 5"' January 1710 : 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Gen"" & Gover' 

Lewis Morris Peter Sonmans 

W" Pinhorne Hugh Huddy 

George Deacon Esqrs W" Hall 

Rich Towneley Tho Gordon Esqrs 

Daniell Coxe Tho Gardiner 

Roger Mompesson Rob' Quarry 

The Act for Preventing Corruption in the Courts of Jus- 
tice Read the first time and Ordered A Second Reading 

The Act for Releiveing the Creditors of persons that are 
or hereafter shall become bankrupts in the Kingdome of 
great Brittain Read the first time and 

Ordered a Second Reading 

The Act for the Better Setliug and Regulateing of the 
offices of the Secretarie and Clerk of the Supreame Court 
Read the first time and 

Ordered A Second Reading 

M' Hall Reported from the Committy to whome the bill 
Entituled an Act for Enforceing the Currancy of bills of 
Creditt &c was Refered that they had made Some progress in 
the Matters to them Reffered but it being moved in the Com- 
mitty that Some instructions are given to his Excellency 
relateing to the Repealing of Act or Clauses of Acts that his 
Excellency be aplyed to lay the Said Instructions before the 
Said Committy if any Such there be 



1710-11] JOURNAL OF GOVERNOR AND COUNCIL. 441 

His Excellency directed the following instruction to be 
laid before the Committy Vizt 

And that No act whatsoever be Suspended Altered Revived 
Confirmed or Repealed by Generall Words but that the Title 
and date of Such Acts Soe Suspended altered Revived Con- 
firmed or Repealed be perticulerly mentioned and Expressed 

The bill entituled an Act for Regulateing the Practise of 
the Law Read the Second time and Committed to the Gen- 
tlemen of the Councill or any five of them 

The bill for dettering Negroes & other Slaves from Com- 
mitting murder and other Notorious offences within this 
Collony Read the Second time and Committed to the Gentle- 
men of the Councill or any five of them 



Die Lunffi 8"^ January 1710 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Captain Gen"' and 
Governor 



Lewis Morris 


^ 


Peter Sonmans ^ 


W" Pinhorne 




Hugh Huddy 


Rich Towneley 


} Esqrs 


W" Hall i> Esqrs 


Dan : Coxe 


1 

1 


Tho Gordon j 


Roger Mompesson 





Robert Quarry J 



Mr Hall Reported from the Committy to whome the bill 
Entituled an Act for amending and Explaineing An Act for 
the Currancy of Bills of Creditt for three thousand pounds 
was Reffered to acquaint this board that they had Gone 
through the Said Bill and made Severall Amendments to the 
Same which he Was directed to Report to this board 

And the Amendments were Read and agreed to by this 
board and the Bill with the amendments being Read the 
third time was agred to by this board 



442 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

Ordered that the Secretarie doe Carie the Said bill with 
the amendments to the house of Representatives for their 
Concurrance 

Die Mercu 10"' January 1710 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter, Esqr Capt General <fec 

Lewis Morris ^ Peter Son mans ^ 

W" Pinhorne | W'" Hall ! 

Rich Towneley f ^^^^^ Tho Gordon f ^^"i^^ 

Daniell Coxe J Thomas Gardiner J 

A Bill Entituled an Act for preventing Comenceing Actions 
under ten pounds in the Supreame Court and Removeing the 
Same from the County Courts of Common Pleas Read the 
first time and Ordered a Second Reading 

Coll Coxe According to order brought in A Bill Intituled 
An Act for the incourageing the building of Shiping in this 
province which Was Read the first time and Ordered A 
Second Reading 

Die Jo vis 11"' January 1710 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Gen &c 

\ym piuhorne ^ Peter Sonmans "1 

Rica Towneley I Hugh Huddy | 

Daniell Coxe '} Esqrs Tho Gordon' ( ^^V» 

Roger Mompesson l Tho Gardiner j 
Coll Rob' Quarry j 

William Pinhorne Esqr Reported from the Committy to 
whome the Bill for Dettering Negroes and other Slaves from 



1710-11] JOURNAL OF GOVERNOR AND COUNCII-. 44S 

Committing murder and other Notorious offences within this 
Collony that they had agreed to Severall amendments which 
he Was directed to Report to this board when this board will 
Receive the Same 

Ordered that the Report be Made Imediately 

And then William Pinhorne Esqr Reported the Said bill 
with the Amendments which with one other Amendment 
Were agreed to by this board 

Ordered that the Said bill with the amendments be Read 

And the Said bill with the amendments being Read 

Ordered that the Said bill with the amendments be En- 
grossed 

The bill for Regulateing and appointing the fees of the 
Severall officers and Practisioners of The Law in All Courts 
of this province of New Jersey Read the Second time and 
Committed to the Gentlemen of the Councill or any five of 
them : 

The act for the Better Settling and Regulateing of the 
offices of the Secretarie and Clerke of the Supreame Court 
Read the Second time and The Secretary desireing that his 
Pattent from her Majesty might be laid before this board it 
Was Allowed and the Said Pattent being Read 

Ordered that the Said Bill be Committed to the Gentlemen 
of the Councill or any five of them 

The Secretary Comunicated to this board that he had 
Received A Message and Order from the house of Represen- 
tatives to lay before them all the Original) Accounts and 
Proceedings Relateing to the Expedition to Canada and 
desired the opinion of this board Whither he should deliver 
them or Not 

It Is the opinion and order of this board that the Secre- 
tary doe Not part with the originall Accounts and papers 
but that he Lett the house have Copies of what accounts 
they see Convenient and doe admitt any Committy of the 
house to Compare the Same with the originalls if they desire it 



444 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

Die Vener 12'^ January 1710 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Gen'' &c 



Lewis Morris 
W" Pinhorne 
George Deacon 
Rich Towneley 
Dan : Coxe 



Roger Morapesson 
Peter Son mans 
Hugh Huddy 
W" Hall Esqrs 

Tho Gordon 
Thomas Gardiner 
Coll Robt Quarry 



Ordered that the Secretarie doe Attend the house of Repre- 
sentatives and desire them to perticulerise what papers of 
theirs Relateing to the Expedition to Canada they desire to 
have Laid before them with the Coppys of the order of their 
house by Which the Said papers were laid before the Com- 
raitty of both houses 



Die Sabbat 13* January 1710 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Captaine Generall &c 



Lewis Morris 
W" Pinhorne 
George Deacon 
Rich Towneley 
Daniell Coxe 
Roger Mompesson 



Peter Sonmans 
Hugh Huddy 
W" Hall 
Esqrs Tho Gordon Esqrs 

Tho Gardiner 
Robert Quarry 



Ordered that Coll Coxe and M"" Gordon doe examine what 
papers and Accounts Relateing to the Expedition to Canada 
will be Necessary to be Copyed and that the Secretarie doe 



1710-11] JOUBNAL OF GOVERNOR AND COUNCIL. 445 

take Coppys of the Same and afterwards deliver the originalls 
to the Assembly 

M"" Sonmans Reported from the Committy to whome the 
bill for Regulateing and Settling the Offices of Secretarie and 
Gierke of the Supreame Court Was Reffered that he was 
directed to Report the Same without any amendments 

And he likewise Reported from the Committy to whome 
the bill for appointing fees was Reffered That he Was directed 
to Apply to the Governor in Councill that a Message might 
be sent to the Assembly to desire the Assembly to lay before 
them all the papers and amendments made by the Councill 
to the bill of fees past the Last Assembly 

Ordered accordingly that the Secretarie doe desire the 
Assembly to lay before the Committy all the papers and 
amendments made by the Councill to the bill passed their 
house for the appointing fees the Last Assembly 

The Bill for the Better Settling and Regulateing the offices 
of Secretarie and Clerk of the Supreame Court being read 
the third time and the Question being put whither the Said 
bill doe pass 

It past in the Negative 

And the Question being put whither the Said bill be Re- 
jected 

It past in the Afirmative 

Ordered that the Said bill be Rejected 

The bill Intituled an Act for Bettering Negroes and other 
Slaves from Committing murder and other notorious offences 
within this Collony Read the third time 

Resolved that the Said bill doe pass 

Ordered that the Secretarie doe Carie the Same to the house 
of Representatives for their Concurrance 

The bill for preventing Commenceing Actions under ten 
pounds in the Supreame Court and Removeing the Same 
from the County Courts Read the Second time and Committed 
to the Gentlemen of the Councill or any five of them 

A Message from the house of Representatives by M"" Fret- 
well and M^ Reid Viz* 



446 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

Die Sabbat A M 13'" Janii 1710 
Ordered that M' Reid and M' Fretwell attend the Councill 
and acquaint them that the house Received their Message 
Yesterday by the Secretary In Awnswer to Which this house 
have examined the minutes of the Last Sessions and find by 
them that this house have an indisputable right to all the 
papers and Accounts which the Severall officers were then 
ordered to Lay before the then house and Which by Virtue 
of that order were laid before a Committy of both houses as 
appears by a Coppy of the minuts of the last Sessions Relate- 
iug to the Expedition against Canada which are herewith 
Sent to be laid before the Councill 

The bill for preventing Corruption in the Courts of Jus- 
tice Read the Second time and Committed to the Gentlemen 
of the Councill or any five of them. 

The bill Entituled an Act for Releiveing the Creditors of 
Such persons that are or hereafter Shall become Banckrupts 
in the kingdome of Great Brittaine Read the Second time 
and Committed to the Gentlemen of the Councill or any five 
of them : 

The bill for Encourageing of Shipping in this province 
Read the Second time and Committed to the Gentlemen of 
the Councill or any five of them 



Die Martis 16'" January 1710 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Gen" & Gov"' 

Lewis Morris ^ W" Hall 

W" Pinhorne I Tho Gordon 

Rich Towneley )■ Esqrs Tho Gardiner Esqrs 

Daniell Coxe | Coll Rob' Quarry 

Peter Son mans J 



1710-11] JOURNAL OF GOVERNOR AND COUNCIL. 447 

William Pinhorne Esqr Reported from the Committy to 
whome the bill for Regulateing the Practis of the Law was 
Reffered that the Committy had made Several 1 amendments 
thereto which he was directed to Report when the board 
would Receive the Same 

Ordered that the Report be Made Imediately 

And then the Severall Amendments were Read & agreed 
to by this board 

And the bill with the amendments being read the third 
time and the Question being put Whither the Said bill with 
the amendments doe pass 

It passed in the afirmative 

Ordered that the Gierke of the Councill doe Carie the Said 
bill with the Amendments to the house of Representatives for 
their Concurrance 

The bill entituled An Act for Regulateing Elections and 
Assertaineing the Qualifications of Representatives of this 
province Read the first time 

And ordered A Second Reading 

The bill Entituled an Act for Reviveing and Continueing 
the Courts of Common Pleas in the County of Glocester 
with the proceedings of the Same Read the first time and 
■ordered a Second Reading 

Dies Veneris 19"" January 1710 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Gener & Gov"^ 

W" Pinhorne Hugh Huddy 

Geo : Deacon W"" Hall 

Rich Towneley Esqrs Tho Gordon Esqrs 

Daniell Coxe 

Roger Mompesson 

Peter Sonmans 



448 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

W" Pinhorne Esqr Reported from the Committy to wliome 
the bill for Releiveing the Creditors of persons that are or 
hereafter Shall become Banckrups in Great Brittain 

That he was directed to Report the said bill without any 
Amendments 

And the Said bill being Read the third time and the Ques- 
tion being put whither the Said bill doe pass 

It passed in the Negative Nemine Contradicente. 

And the Question being put whither the Said bill be Re- 
jected it passed in the afirmative 

Ordered that the Said bill be Rejected 

Lewis Morris Esqr came into Councill the former buisness 
being first over 

A Message from the house of Representatives in these 
words Viz' Die Martis 9'"' An' M * 16 Janu : 1710 : 

The Engrosed bill from the Councill Entituled An Act 
for Bettering Negroes and other Slaves from Committing 
Murder & other notorious offences within this Collony was 
Read the Second time Upon a motion made upon M"^ Bass 
his Signeing the said bill as Secretary The Question was put 
If the Said bill be sent back to the Councill It was Caried 
in the afirmative 

Ordered that the Clerk of the house Doe carie the said 
bill back to the Councill for the Reason aforesaid 

Ordered that M'' Bass doe signe the Said bill as Clerk of 
the Councill and Carie back the Said bill to the house of 
Representatives for their Concurrance 

The Clerke of the Councill Delivering to this board the 
bill left in his hands by M' Fretwell and M' Kaighan Enti- 
tuled an Act for amending and Explaineing an Act for the 
Currancy of bills of Credit for three thousand pounds with 
amendments Made to the Amendments made by the Councill 
to the Said bill and Some of the Amendments being Read & 
some debate ariseing thereon Ordered that the Debate be 
adjorned to a further Season and that In the meane time the 
bill with the amendments doe Lye on the Table 

*9A. M. 



1710-11] JOURNAL OF GOVERNOR AND COUNCIL. 449 

An act declareing the printed Coppys of All the Acts 
past in the Session of March and Aprill 1708 and 1709 of 
the General! Assembly of this province to be As efectuall to 
All intents & purposses as the Originalls Could or would be 
were they duely and Regulerly in the Secretarys office 

Read the first time and Ordered A Second Reading 

A Message from the house of Representatives in these 
Words Viz' 

Die Martis P M 16"^ Janu 1710 

The Engrossed bill Ent. an Act for Regulateiug the prac- 
tise of the Law with the amendments made by the Council] 
to the Same was Read and the Question being put if the 
house doe agree to the said Amendments It was caried in the 
Negative Nemine Contradicente 

Ordered that M' Lawrence Carie back the above bill to 
the Councill and acquaint them the house does Not agree to 
their amendments they haveing Altered the bill & the designe 
of it in all its parts 

And the Question being put whither this board doe adhere 
to their amendments It passed in the afirmative : 

Ordered that the Clerk of the Councill doe acquaint the 
house of Representatives that this board doe adhere to their 
amendments made to the said bill 

Coll Coxe Reported from the Committy to whome the bill 
for the Encourageing the building of Shipping was Reffered 
that the Committy had Gone through the same and Made 
Severall amendments thereto which he Was directed to Report 
to this board and the Severall amendments being Read were 
agreed to by this board 

Ordered that the Said bill with the Amendments be En- 
grossed 

29 



450 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

Dies Lunse 22*^ January 1710 

At a Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Gen'^ &c 

W" Pinhorne Hugh Huddy 

Geo Deacon Esqrs W" Hall Esqrs 

Daniell Coxe The Gardiner 
Peter Sonmans 

The Ingrosed bill Entituled an Act for Encourageing the 
building of Shipping in this province Read the third time 
Resolved that the Said bill doe pass 

Ordered that the Clerk of the Councill doe Carie the Same 
to the house of Representatives for their Concurrance 

The bill Intituled An Act for Releiveing of persons 
agreived by an Act passed in the third Yeare of her Majesty 
Queen Anne Entituled an Act for Setling the Militia of this 
province Read the first time 

And Ordered a Second Reading 

The Act entituled An Act declareing the printed Copies 
of All the Acts past in the Session of March and Aprill 1708 
and 1709 of the Generall Assembly of this province to be As 
Efectuall to All intents and purposes as the originals Could 
Or would be were they duely and Regulerly in the Secreta- 
ries office Read the Second time and Coiuitted to the Gen- 
tlemen of the Councill or any five of them 

Ordered that the Said Committy have power to send for 
persons papers and Records 

The bill entituled An Act for Regulateing Elections and 
Ascertaineing the Qualifications of the Representatives of 
this province Read the Second time and Committed to the 
Gentlemen of the Councill or any five of them 

The bill entituled an Act for Reviveing & Continueing 
the Courts of Common Pleas in the County of Glowcester 



1710-11] JOURNAL OF GOVERNOR AND COUNCIL. 451 

Read* the Second time and Committed to the Gentlemen of 
the Councill or any five of them 

A Message from the house of Representatives by M"" Far- 
mer and M"^ Tunisson to acquaint this board that the house 
had passed an Act for Reviveing the Militia act of this pro- 
vince to which they desired the Concurrance of this board 

The said bill Entituled an Act for Reviveing the Militia 
Act of this province Read the first time 

And ordered A Second Reading 

Die Mercur 24 Janu 1710 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Captain Gen' &c In 
Councill 

Lewis Morris * Peter Sonmans 
^ym pinhorne Hugh Huddy 

Rich Towneley Esqrs W" Hall Esqrs 

Daniell Coxe Tho Gordon 

Roger Mompesson Tho Gardiner 

Coll Quarry Reported from the Committy to whome the 
bill for Reviveing and Continueing the Courts of Common 
Pleas in the County of Glocester with the proceedings of the 
Same was Refered That he was directed to pass the Said bill 
without Any Amendments 

And the Said bill being Read the third time and the Said 
bill being Read the third time [sie] and the Question being 
put Whither the Said bill doe pass 

It past in the Afirmative 

Roger Mompesson Esqr Reported from the Committy to 
Whome the Bill Entituled an Act for declareing the Printed 
Coppys of All the Acts past in the Session of March and 
Aprill 1708 & 1709 &c That the Committy had made Some 



452 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

Progress in the said bill but that there being ocasion to have 
the Gierke of the house of Representatives and some of the 
members to Attend the Committy 

Ordered that A Message be Sent to the house of Repre- 
sentatives to desire that the house would give Leave to Docter 
Johnson and the Clerk of the house of Representatives to 
Attend the Said Committy to morrow four of the Clock in 
the afternoone at Nightingals for their information In Some 
things Relateing to the Said bill & that the Clerke of the 
Council 1 doe deliver the Same 

This board proceeded to the Consideration of the Amend- 
ments Made by the house of Representatives to the bill En- 
tituled an Act for the Currancy of Bills of Credit for three 
thousand pounds And Came to the following Resolves 

That this board doe Receed from those words in the second 
amendment (Errors and) and adhere to the rest of the Said 
Amendment 

This board doe Receed from the third amendment 
This board doe Receed 'from the fifth amendment 
This board doe Receed from the thirteenth amendment 
This board doe Receed from the eighteenth amendment 
This board doe Receed from the nineteenth amendment 
This board doe Insist on the twentyth amendment 
This board doe Insist on the twenty first amendmtt 
This board doe Insist on the twenty Second amendmt 
This board doe Insist on the twenty third amendment 
This board doe Receed from the twenty fourth Araed' 
This board doe Receed from the twenty fifth Amend' 
This board doe Receed from the twenty Seaventh Amend- 
ment 

This board doe Insist on the twenty eighth amend' 
This board doe not agree to the first amendment added by 
the house 

This board doe Not agree to the second Amendment added 
by the house 

This board doe agree to the amendment Foli" 2'' Line the 
fourth 



1710-11] JOURNAL OF GOVERNOR AND COUNCIL. 453 

Ordered That the Gierke of the Councill doe acquaint the 
house of Representatives with the Same 

Ordered that the Gierke of the Gouncill doe acquaint the 
house of Representatives that this board had passed the bill 
for Glocester Gourts without Amendments 



Die Jo vis 25*^ January 1710 

At a Gouncill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Captain General! & 
Gov^ 



Lewis Morriss 
^ym pinhorne 
George Deacon 
Rich Towneley 
Dan : Goxe | 

Roger Mompesson j 



y Esqrs 



Peter Sonmans 
Hugh Huddy 
Will Hall 
Tho Gordon , 

Thomas Gardiner | 
Rob' Quarry j 



> Esqrs 



A Message from the house of Representatives in these 

words 

Die Jovis 9" Ho: 25"" Janu. 1710 
Ordered That Gaptain Thomas Farmer & M' Fretwell 
doe wait on his Excellency and Gouncill and acquaint them 
that this house desires that board to appoint A Gommitty of 
Gouncill to Joyne A Gommitty of this house to conferr on 
the 2'' 22*^ and 28*^ amendments made to the bill Entit An 
Act for Amedmending and Explaineing An Act for the Gur- 
rancy of Bills of Gredit for three thousand pounds 

Ordered that W"" Pinhorne Roger Mompesson and Robert 
Quarry Esqr be a Gommitty to Meet with the Gommitty of 
the house of Representatives on the Said Gonferance at Night- 
ingals at halfe an hower past three 

Goll Towneley Reported from the Gommitty to whome 
the bill Entituled an Act for Preventing Gorruption in the 



454 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

Courts of Justice were Referred that they had Gone through 
the Said bill and Made Severall Amendments thereto which^ 
he was directed to Report to this board when they would 
please to Receive the Same 

Ordered that the Report be made Imediately And then 
Coll Towneley Reported the Said bill with the Amendments 
Which amendments of the first Clause were Read and the 
Question being put whither this board doe agree with the 
Committy in the Said Amendments It passed in the Negative : 

And the Second Clause being Read and the Question being 
put whither this board doe agree with the Committy 
It past in the afirmative 

And the third Clause being Read and the Question being 
put whither this board doe agree with the Committy in the 

Same 

It past in the afirmative 
The fourth Clause being Read and the Question being put 
whither this board doe agree with the Committy 
It past in the afirmative 
And the Question being put Whither the Said bill be Read 

the third time 

It passed in the afirmative 

And the Question being put whither any amendments 
Should be Received to this bill on the third Reading 
It passed in the Negative 

And the Said bill with the Amendments being Read the 
third time and the Question being put whither the Said bill 
with the amendments doe pass and the Voates being Equall 
The Question was putt whither the Said bill Soe Amended 
be Rejected 

It passed in the afirmative 

Ordered that the Clerk of the Councill doe acquaint the 
house of Representatives that this board doe agree to the 
conferance desired and have appointed halfe an hower past 
three at Nightingals and that W" Pinhorne Roger IMompes- 
son and Robert Quarry Esqr be Appointed to manage the 
Same 



1710-11] JOURNAL OF GOVERNOR AND COUNCIL. 455 

Die Veneris 26*^ January 1710 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Gen"" & Gov"^ 

W" Pinhorne W"' Hall 

Rich Towneley Robert Quarry Esqrs 

Daniell Coxe Esqrs 

Roger Mompesson 

Coll Robert Quarry Reported from the Committy that he 
had Attended the Conferauce with the Committy of the house 
of Representatives on the amendments made to the bill for 
the Amending and Explaineing An Act for the Currancy of 
bills of Credit for three thousand pounds & the Title of the 
bill & the first Reason being Read in the words folowing 

The house doe agr^e to the Second amendment in 

the preamble except Where there Is two thousand 

eight hundred fivety Seven pounds Sixteen shillings 

and nine pence and the Sum in the body of the bill 

Is agreed to be two thousand nine hundred sixty six 

pounds five shillings 

This board doe Receed from that amendment Made by this 

board and doe agree with the house of Representatives in the 

Amendment Made by the house 

On the Reading of the Second Reason in these words 

the twenty third amendment Is agreed to by the house 

except the words (or either of them) by Reason this 

house thinke the Treasurers ought to be Accountable to the 

whole Legislature and Not to any of them 

This board doe Receed from that part of the Amend- 
ment Viz Or either of them 
The third Reason being Read in these words the house 
Cannot agree to the twenty eighth amendment by Reason it 
Contradicts A former Clause in the bill and may lay some 
ignorant People who are Not acquainted with the Laws under 



456 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

a Very great hardship for paper money may be tendered to 
them and they through ignorance of the Severity of the Law 
may Refuse it and by that Means Loose their debt 

This board doe Receed from the said twenty eighth Amend' 

Ordered that the Clerk of the Councill doe Carie the bill 
to the house of Representatives and acquaint them that this 
board doe Receed from the Said Amendments 

The Bill Entituled an Act for Reviveing the Militia Act 
of this province Read the Second time and Committed to the 
Gentlemen of the Councill or any five of them 

Thomas Gordon Esqr Came in after the former 
buisness was over 

An Act Entituled an Act for Releiveiug of persons 
agreived by An Act passed in the third Yeare of her Majes- 
tys Queen Anne Entit : an Act for Settling the Militia of 
this province Read the Second time and Committed to the 
Gentlemen of the Councill or any five of them 



Die Jovis prim** Febru 1710 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Gener"^ &c 

W'" Pinhorne ^ W" Hall 

Daniell Coxe ( Coll Rob* Quarry Esqrs 

Roger Mompesson f ^W^ 

Peter Sonmans J 

The Bill Entituled an Act for raiseing of money for build- 
ing and Repaireing of Goales and Courthouses within each 
Respective County of this province and to Repeale the Act 
for that purpose in the yeare 1709 

Read the first time and Ordered A Second Reading 
M' Morris & MJ Gordon Came in after the former buisness 
was over 



1710-11] JOURNAL OF GOVERNOR AND COUNCIL. 457 

The bill Entituled an Act for Enabling the owners of the 

Meadows and Marshes adjoyneing to and on both Sides of 

the Creek that Surrounds the Island of Burlington to Stop 

out the tide from overflowing them Read the first time and 

Ordered A Second Reading 

M" Huddy Came in after the former buisness was Over 

A Message from the house of Representatives by Doctor 
Johnson John Reid Robert Wheler and Isack Sharp to 
acquaint this board that the house of Representatives had 
passed an Act entituled an Act for Support of this her Majes- 
ty s Government of Nova Cesarea or New Jersey to which 
they desired the Concurrance of this board 

The Act Entituled an Act for the Support of her Majestys 

Government of Nova Cesarea or New Jersey Read the first 

time 

And Ordered A Second Reading 



Die Vener 2" Febr 1710 

At a Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Gen'' &c 

Lewis Morris Peter Sonmans 

W" Pinhorne W"" Hall 

Rich Towneley Esqrs Tho Gordon Esqrs 

Daniell Coxe Tho : Gardiner 

Roger Mompesson Rob' Quarry 

Roger Mompesson Esqr Reported from the Committy to 
whome the bill Entituled an Act declareing the printed 
Coppys of All the Acts past in the Session of March and 
Aprill 1708 and 1709 of the Generall Assembly of this 
Province to be As efectuall to All intents and purposses as 
the originalls Could or Would be were they duely and Regu- 
lerly in the Secretarys office 



458 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

That he ^as directed to Report the Said bill with the 
Amendments 

And then he Reported the Said amendments in his place 
and afterwards Laid them on the Table 

And the first Amendment being Read in these words By 
Reason that his Excellency John Lord Lovelace then Gover- 
nor of this province Caried them to New Yorke to be Printed 
and Some time after died without Returning them to the 
Secretary s office 

To part of Which this board Agreed with the amendment 
of Leaveing out the words (Without Returning the Same) 
and Adding these words And it doth not appeare that the 
Same were Returned 

The Second Amendment being Read in these words and 
Not otherwise This board doe agree with the Committy in 
the Second Amendment 

The third amendment being Read in these words 

And whereas in the eighth Yeare of her Majesty s Reigne 
in the Session of Generall Assembly for this Province held 
at the Towne of Burlington in the months of Decem** and 
January 1709 An Act of Generall Assembly was past En- 
tituled An Act for Explaineing and Rendring more efectuall 
An Act for Support of her Majestys Government of Nova 
Cesarea or New Jersey for one Yeare the originall Whereof 
Is Lodged in the Secretaries office 

Be it therefore Enacted by the authority aforesaid that 
Nothing in this act contained shall be Construed Deemed or 
taken to the prejudice of the Said Act either by Avoideing 
it in the whole or in any part thereof but the Same Shall 
Remaine in full force and Vertue as if this Act had Never 
been made 

And the Question being put Whither this board doe agree 
with the Committie in the Said Amendments 
It past in the afirmative 

And the Said Act with the Amendments being Read the 
third time and the Question being put Whither the Said Act 
with the Amendments doe pass 



1710-11] JOURNAL OP GOVERNOR AND COUNCIL. 459 

It past in the afirmative 

Ordered that the Clerk of the Councill doe Carie the Said 
bill to the house of Representatives for their Concurranee to 
the Said Amendments 

M'^ Sonmans Reported from the Commitie to whome the 
bill for establishing of fees were Refered That he was directed 
to Report the said bill without any amendments 

And motion being made and the Question being put 
Whether the Said bill be Recommitted It past in the afirma- 
tive 

Resolved that the Said bill be Recommitted 

The Act for the Support of her Majestys Government of 
Nova Cesarea or New Jersey Read the Second time and Com- 
mitted to the Gentlemen of the Councill or any five of them 

The bill Entituled An Act for Raiseing money for build- 
ing and Repaireing of Goales and Courthouses within each 
Respective County of this province and to Repeale the Act 
made for [that] purpose in the Yeare 1709 

Read the Second time and Committed to the Gentlemen of 
the Councill or any five of them 

And the Representation of W"" Lawrence and Gershom 
JNIott Relateing to the Said bill being Read 

Ordered that the Representation be Reifered to the Com- 
mittie to whome the bill Is Refiered 

Ordered that the Said Committy have the Consideration 
of all the Petisions that doe Relate to the Said bill 

The Act for enabling the owners of the Meadows & marshes 
adjoyneing to and on both Sides of the Creek that Surrounds 
the Island of Burlington to Stop out the tide from overflow- 
ing them 

Read the Second time and Committed to the Gentlemen or 
any five of them 



460 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

Die Sab" 3" Feb 1710 

At a Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Gen"^ &c 

W"" Pinhorne Hugh Huddy 

Rich Towneley W" Hall 

Daniell Coxe Esqrs Tho Gordon Esqrs 

Roger Mompesson Tho Gardiner 

Peter Sonmans Rob* Quarry 

Coll Quarry Reported from the Commitie to whome the 
bill Entituled an Act for Enabling the owners of the Mead- 
ows and Marshes adjoyneing to and on both Sides of the 
Creek that Surrounds the Island of Burlington to Stop out 
the tide from overflowing them 

That he Was directed to Report the Said bill without any 
amendments 

And the Said bill being Read the third time and the Ques- 
tion being put whither the Said bill doe pass 
It past in the afirmative 

Resolved that the Said bill doe pass 

Coll Coxe Reported from the Committie to whom the bill 
intituled an Act for Reviveing the Militia act of this province 

That he Was directed to Report the Same without any 
amendments 

And the Said bill being Read the third time and the Ques- 
tion being put Whither the Said bill doe pass 
It past in the affirmative 

Resolved that the Said bill doe pass 

Coll Coxe Reported from the Committie to whome the Act 
for Releiveing of persons agreived by An Act passed in the 
third yeare of her Majesty Queen Anne Entituled an Act for 
Settling the Militia of this province 

That he was directed to Report the Said bill without any 
amendments 



1710-11] JOURNAL OF GOVERNOR AND COUNCIL. 461 

And the Said bill being Read the third time and the Ques- 
tion being put whither the Said bill be Recommitted 
It past in the Negative 
Lewis Morris Esqr Came in after the former buisness was 
over 

The Question being put Whither the said bill doe pass 

It past in the Negative 
And the Question being put whither the Said bill be 
Rejected 

It past in the afirmative 
A Message from the house of Representatives in these 
words 

Die VenPM: 2"* Feb 1710 
Ordered that M' Reid and M"" Wheller doe Returne the 
bill Entituled an Act declareing the printed Coppies of the 
Acts past in the Session of March and Aprill 1708 and 1709 &e 
with the Amendments to the Council! and acquaint them that 
this house does Not agree to their amendments Made to the 
said bill 

The Several 1 amendments were Read and the Question 
being put whither this board doe adhere to the first amend- 
ment it past in the afirmative 

The Question being put whither this board doe adhere to 
the Second amendment It past in the afirmative 

The Question being put Whither this board doe adhere to 
the third Amendment It past in the afirmative 

Ordered that the Clerk of the Councill doe acquaint the 
house of Representatives that this board doe adhere to their 
amendments 

The bill Entituled an Act for preventing the Wast of 
Timber and Pine Trees Poles and Pine Knots within this 
province of New Jersey Read the first time 

And Ordered a Second Reading 

Ordered that the Clerk of the Councill doe acquaint the 
house of Representatives that this board had passed 

The Act for Reviveing the Militia Act of this Province 
without any Amendments 



462 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

And the Act for Enabling the Owners of the Meadows & 
Marshes adjoyneing to and on boath Sides of the Creeke that 
Surrounds the Island of Burlington and to Stop out the tide 
from overflowing them without any amendments 



Die Lunse 5'^ Febru 1710 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Gen'' & Gov" 

W" Pinhorne ^ Peter Sonmans ^ 

George Deacon I W" Hall [ 

DaniellCoxe f ^sqrs Tho Gordon | ^sqrs 

Roger Mompesson j Rob' Quarry j 

A Message from the house of Representatives in these 

words 

Die Sabbat A M 3" Feb 1710 

Ordered that Captain Farmer and M' Fretwell doe wait 
upon his Excellency and Councill and acquaint them that 
this house desires that board to appoint a Committy of the 
Councill to Joyne a Committee of this house to Confer on 
the Amendments made by the Councill to the bill Entituled 
An Act declareing the printed Copies of all the Acts past in 
the Sessions of March and Aprill 1708 and 1709 &c to be 
as efectuall to all intents and purposses as the originalls Could 
or would be were they duely and Regulerly in the Secretarys 
office 

This board doe agree to the Said Conferance and that W"^ 
Pinhorne Richard Towneley and Roger Mompesson Esqrs 
be appointed to meet a Commitie of the Said house at the 
said Conferance at four of the Clock in the afternoone at the 
house of M"" Nightingall 

Ordered that a Message be sent from this board to the 
house of Representatives by the Clerk of the Councill to 



1710-11] JOURNAL OF GOVERNOR AND COUNCIL. 463 

put them in mind of the bill Laying before them that went 
from this board Entituled an Act for the Encourageing the 
building of Shipping in this Province 

The bill Entituled an Act for preventing the Wast of tim- 
ber and Pine trees Poles and Pine knots within this province 
of New Jersey Read the Second time and Committed to the 
Gentlemen of the Councill or any five of them 



Die Martis 6'^^ Febru 1710 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Gen' & Gov" 



W" Pinhorne 
Geo Deacon 
Richard Towneley 
Daniell Coxe 



Hugh Huddy ^ 
W" Hall I 

I 

Thomas Gordon J> Esqrs 
Thomas Gardiner I 



Esqrs 

Roger Mompesson j Robert Quarry j 

Peter Sonmans J 

Roger Mompesson Esqr Reported from the Committy to 
whome the bill Entituled an Act for Support of this her 
Majestys Government of Nova Cesarea or New Jersey was 
Refered 

That he was directed to Report the Said Act without any 
Amendments 

And the Said Act being Read the third time & the Ques- 
tion being put whither the Said Act doe pass 

It past in the afirmative Nemine Contradicente 

Roger Mompesson Esqr Reported from the Committie 
apointed to Meet a Committie of the house of Representa- 
tives at a Conferance on the amendments made by this board 
to the bill Entituled An Act Declareing the printed Copies 
of All the Acts passed in the Session of March and Aprill 
1708 and 1709 of the Generall Assembly of this Province to 



464 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

be as Efectuall to all Intents and purposses as the Originalls 
Could or would be were they duely & Regulerly in the Sec- 
retaries office that they had met the Said Commitie and had 
Keceived their Reasons for disagreeing with this board to 
the amendments and the Said Amendments and the Repre- 
sentatives Reasons being Severaly Read & the Question being 
Severaly put Whither this board doe adhere to their Amend- 
ments or Not 

It past in the afirmative adhere 

Ordered that a Conferance be desired with the house ot 
Representatives on the Subject Matter of the last Conferance 
at ten of the Clock to morrow morning at the house of M' 
Nightingall and that William Pinhorne Rich Towneley & 
Roger Mompesson Esqrs or any two of them be desired to 
manage the Same 

Lewis Morris Esqr Came in after the former buisness was 
over: 

W" Hall Esqr Reported from the Committie to whome 
the bill Entituled an Act for Raiseing of money for building 
and Repaireing of Goales and Courthouses that the Comittie 
had made Severall amendments to the Said bill which he was 
directed to Report to this board 

And the Said Amendments being Severaly Read 
This board agreed with the Committy in All the said 
Amendments 

The bill with the Amendments being Read the third time 

And the Question being put whither the bill with the 
Amendments doe pass 

It past in the afirmative 

Ordered that the Clerk of the Councill doe Carie the Said 
bill with the Amendments to the house of Representatives 
for their Concurrance to the Said Amendments 



1710-11] JOURNAL OF GOVERNOR AND COUNCIL. 465 

Die Jovis 8*'" Feb 1710 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Gen' <fec 



W" Pinhorne ") 


W- Hall 


>v 


Rich Towneley j 


The Gordon 


> Esqrs 


Daniell Coxe ]> Esqrs 


Tho Gardiner 


i 


Roger Mompesson j 






Peter Sonmans j 







Ordered that a Committie be appointed to draw up the the 
[sic] Reasons to be offred to the Committie of the house of 
Representatives on the Subject Matter of the Last Conferance 

Roger Mompesson Esqr Reported from the Said Commitie 
that they had drawn up some Reasons to be ofFred to the 
house of Representatives at the Conferance desired on the 
Subject matter of the Last Conferance which Were Read 
and agreed to by this board 

Ordered that a Conferance be desired with the house of 
Representatives on the Subject Matter of the Last Conferance 
at four of the Clock in the afternoone at the house of M"" 
Nightingall 

Lewis Morris Esqr Came in after the former buisness was 
over: 

Roger Mompesson Esqr Reported that Docter Johnson &o 
had left with him the bill Entituled An Act for the Raiseing 
money for building &c of Goales & Court houses with the 
fol Message 

Die Mer 9'"' A M 7 feb 1710 

Ordered that Docter Johnson Capt Farmer and M'^ Mid- 
dletowne do Returne the bill Entituled An act for Raiseing 
of Money for building & Repaireing of Goales & Court 
houses &c with the Amendments Made thereunto by the 
Councill and acquaint that board that this house have agreed 
to their Said Amendments except the third fourth and ninth 

30 



466 NEW JERSEY COLONIAL, DOCUMENTS. [1710-11 

The amendments being Read Resolved 
That this board doe adhere to the first amendment 
That this board doe adhere to the third amendment 
That this board doe adhere to the fourth amendment 
That this board doe adhere to the ninth amendment 
Ordered that the Clerk of the Councill doe acquaint the 
house of Representatives with the Said Resolves 

Die Jovis P Mer 6^" 8"' Feb 1710 
At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Genr &c 

Lewis Morris Hugh Huddy 

W" Pinhorne Esqrs W" Hall Esqr 

Roger Mompesson Tho Gordon 

Peter Sonmans Tho Gardiner 

A Message from the house of Representatives in these 

words 

Die Jovis P M 8"^ Feb 1710 

Ordered that M' Hudd and M"^ Marsh doe waite uppon 
his Excellency & Councill & acquaint them that this house 
desires that board to appoint a Committie of the Councill to 
Joyne a Committie of the house to Conferr on the Amend- 
ments made by the Councill to the bill Entituled An Act for 
Raiseing of Money for building and Repaireing Goales and 
Courthouses in each Respective County within this province 

Resolved that this board doe agree to the Conferance 
desired and Appoint Coll Pinhorne M"" Huddy & M"^ Hall to 
manage the Same & doe appoint the said Conferance at M' 
Nightingals imediately 

Die Jovis P M 8"^ Feb 1710 
Ordered that M' Sharp and M' De Cow doe wait on his 
Excellency & Councill & acquaint them that this house 



1710-11] JOURNAL OF GOVERNOR AND COUNCIL. 467 

desires that board to appoint a Commitie of the Councill to 
Joyn a Committie of this house on A free conferance on the 
Subject Matter of the Last Conferance on the Amendments 
to the bill Entitil an Act declareing the printed Copies of 
All the Acts past in March and Aprill 1708 and 1709 to be 
as efectual as the originals would be were they Regulerly in 
the Secretaries office 

This board do agree to the Said Conferance and apoint 
Coll Pinhorne Coll Towneley Roger Mompesson Peter Son- 
mans and Hugh Huddy Esqrs to manage the Same and that 
[they] Meet iraediately at the house of M' Nightingall 

Die Yener A Merid 9''' Feb 1710 

At a Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Captain Generall &c 

Lewis Morris ^ Peter Sonmans "^ 

William Pinhorne ! W"' Hall 1 

Rich Towneley f ^^^1^^ Tho Gordon f ^^V^ 

Roger Mompesson J Tho Gardiner J 

William Pinhorne Esqr Reported from the Commitie of 
this board appointed to Meet with A Commitie of the house 
of Representatives on the Conferance on the bill for Raiseing 
money for Erecting & Repairing Goales and Courthouses 
that they Met the Said Com mite & Received their Reasons 
for the disagreament to the Amendments made by the Coun- 
oill Which he Read in his Place 

Ordered that W"" Pinhorne Hugh Huddy & William Hall 
Esqr be a Commitie appointed to draw up the Reasons for 
this boards adhereing to their amendments made to the Said 
bill 

Roger Mompesson Esqr Reported from the Commitie of 
this board appointed to meet a Commitie of the house of 



468 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

Representatives on the General! free Conferance that they 
had Met & that on the debate on the first amendment Some 
disputes arose And Amongst other things the folowing words 
Were Spoake by M^ Pinhorne 

That You Seeme to take great Care there should be no 
Reflections on my Lord Lovelace and the Same Care ought 
to be taken of the Secretarie and the officers of the Govern- 
ment 

To which M^ Farmer Said he Thought You take more 
Care of the Secretarie then you doe of My Lord Lovelace on 
Which the Conferance broake up the Gentlemen of the Coun- 
cill takeing the words to be a Reflection on them 

And motion being made & the Question being put Whither 
the Said Conferance be Renued 

It passt in the afirniative 

Ordered that the Gierke of the Council 1 doe acquaint the 
house of Representatives that this board have appointed A 
Commitie of this board to Meet a Commitie of their house 
on the Subject Matter of the free Conferance and have Ap- 
pointed to Meet at the house of M' Nightingall Imediately 



Die Veneris the 9"^ Febru 1710 Po : Merid 

At a Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Generall and Gov*^ 

Lewis Morris Hugh Huddy 

William Pinhorne W" Hall 

Geo : Deacon Tho Gordon 

Rich : Towneley Tho Gardiner 
Roger Mompesson 

Roger Mompesson Esqr Reported from the Commitie 
appointed to Meet a Commitie of the house of Representa- 
tives on a free Conferance on the Amendments made to the 



1710-11] JOURNAL OF GOVERNOR AND COUNCIL. 469 

bill Entituled an Act for declareing the Printed Copies of the 
Acts passed in the Sessions of March & Aprill 1708 and 1709 
<fec that they had met and debated the Said Matter but had 
come to No agreement 

And the Question being put Whither this board doe adhere 
to the Amendments made to the Said bill 

It passed in the afirmative 

Ordered that the Clerk of the Councill doe acquaint the 
house of Representatives that this board doe adhere to their 
Amendments made to the said bill Entituled An Act declare- 
ing the printed Coppys of All the Acts past in the Session of 
March & Aprill 1708 and 1709 &c 



Die Sabbat 10*" Febru 1710 

At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Gen"" &c 



Lewis Morris 
W" Pinhorne 



Peter Sonmans ^ 
W" Hall ' 



George Deacon i> Esqrs Tho Gordon l ^^^^^ 
Daniell Coxe j Tho Gardiner j 

Roger Mompesson j 

Ordered that the Gierke of the Councill doe acquaint the 
house of Representatives that his Excellency desires them to 
Attend him in Councill Imediately 

And the Speaker with the house Attending pased Severall 
bills & Spoak to them as folows Viz' 

Gentlemen I have Sent for you at this time that you might 
be Witnesses of My Assent to Such Acts as now lye before 
me for that purpose Vizt 

An Act for Support of this her Majestys Government of 
^ova Cesarea or New Jersey 



470 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

An Act for Amending and Explalneing an Act of Gener- 
all Assembly of this Province Entituled an Act for tiie Cur- 
rancie of bills of Credit for three thousand pounds 

An Act for Reviveing the Militia Act of this Province 

An Act for Reviveing and Continueing the Courts of 
Common Pleas in the County of Gloucester with the Pro- 
ceedings of the Same 

An Act for Enabling the owners of the Meadows and 
Marshes adjoyneing to and on boath Sides of the Creek that 
Surrounds the Island of Burlington to Stop out the Tide 
from overflowing them 

I thank you in her Majestys name for the Support You 
have provided for the Government here in the Manner it Is 
done I hope at our next Meeting the Country will be in A 
Condition to make a More Sutable provision for the Respec- 
tive officers of the Government and the Publiq Debts which 
I have directed to be Inquired into for that purpose 

I have Received Some time agoe A Letter from the Right 
honorable the Earle of Dartmouth her Majestys Prinsipall 
Secretarie of State Which I am Commanded to Comunicate 
to You 

Whitehall August 1710 

S' The Queen commands me to acquaint You that As She 
has formerly taken into Consideration the Sending over inta 
New England Such A Number of Land forces as Joyned 
with those under your Command & Such as the Neighbour- 
ing Collonies could have furnished might have been of 
Strength Suffitient to beat the french out of Canada and 
North America Soe her Majesty had this Yeare Caused All 
Necessary Preparations to be made for this Expedition which 
her Majesty has been forced to Lay aside for the Presant by 
Reason of the Contrary winds which hapned when the Sea- 
son was proper for the Fleet to Sayle and in Regard of other 
important Services which Intervened, The Queen Com- 
mands Me to Add that She hopes to Receive a good Account 
of the Expedition against Port Royall haveing Sent away 



1710-11] JOURNAL OF GOVERNOR AND COUNCIL. 471 

last Spring Coll Francis Nicholson with Such Commissions 
Instructions and Dispatches as were necessary for that pur- 
pose and that She Is very Well pleased with the zeale with 
which her Subjects under your Government embraced this 
undertakeing and of the forwardness they Expressed to pro- 
mote it Her Majesty therefore for this Reason and Out of her 
tender care for their good and prosperity intents to persue 
this designe as Soone as the State of her afaires will permit 
it being very Sensible of the Great advantages which may be 
thence expected And As her Majesty will Not be Wanting in 
her Endeavors to Promote whatever may Conduce to the 
Welfare and Security of the Collony under your Govern- 
ment So her Majesty doubts Not but that All proper Meas- 
ures will be Efectualy taken there for the Common safety 
and Interest which her Majesty Earnestly Recomends to your 
Care this is what I have in Command from the Queen who 
would have You Communicate this Letter in the usuall 
Manner to her Loveiug Subjects* 
I am ■ 
S' 

Your most humble Servant 

Dartmouthe 
Coll Hunter Gover of New Yorke 
& New Jersey 

You will Easeily perceive by this Letter the Necessity of 
a Very Short Recess for which Reason I have thought fit to 
Prorougue you to the first of May next and You are accord- 
ingly prorogued to the Said first of May 1711 

[Signed] J Bass C Concill 

20"^ Feb: 1710: 



♦Printed in Smith's Hist. N. J., 3G8. 



472 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

Die Veneris 19"" January 1710 

At A Councill held at Burlington* 

Present 
His Excellency Robert Hunter Esqr Captain Gen & Gov- 
ernor 



Lewis Morris 
W" Pinhorne 
George Deacon 
Rich Towneley 
Daniell Coxe 



Esqrs 



Roger Mompesson 
Peter Sonmans 
Hugh Huddy 
William Hall 



J 



Doni Reginse 

Con In Error 

Peter Blacksfeild 

M' Gordon appeared for the Plaintiff in Error Peter 
Blacksfeild and moved that the writ of Error might be Re- 
turned and Read and the Errors Assigned being Read 

M' Attorny Generall Confessed the Errors in the words 

folowing 

And the said AUexander Griffith Attorny Gener" 
of our Said Lady the Queen Saith that the Record 
before mentioned was drawne up and most of the 
buisness in this Cause agitated dureing the Sickness 
of the Said AUexander and that he Cannot denie but 
that in the Said Record there Is Error Yizt 

That Judgement was given against him By default 
for want of Appearance whereas it appears by the 
Records of the Said Court that Judgement was given 
against him for want of A Plea as the Said Peter by 
Thomas Gordon his Attorny has Alledged the Said 
Alexander Cannot Gainesay 

Alex Griffith 

This board haveing Considered the matter it is 

Ordered That for the said Errors in the Said Judgement 

that the Said Judgement be Reversed and the Said Peter 

Blacksfeild be Restored &c 



* Sitting as a Court of Errors and Appeals. 



1710-11] JOUKNAL OF GOVERNOR AND COUNCIL. 473 

Die Veneris 2** February 1710 

At A Councill held at BurliDgton 

Present 
His Excellency Robert Hunter Esqr Captain Gener' & 
<Trovernor 

Lewis Morris ^ Peter Sonmans ^ 

William Pinhorne | W'" Hall j 

Rich Towneley } Esqrs Tho Gordon )■ Esqrs 

Daniell Coxe I Tho Gardiner | 

Roger Mompesson j Robt Quarry j 

To his Excellency Robert Hunter Esqr Captaine General 1 
■& Governor in Cheif over her Majestys Provinces of New 
Jersey New Yorke and all the Territories and Tracts of 
Land depending thereon in America & Vice Adrairall of the 
same. 

The Representation of the Members of her Majestys 
Councill of the Province of New Jersey whose names are 
hereunto Subscribed 

Humbly Sheweth 

That every member of her Majestys Councill is obleidged 
before his admision to that honorable board to take an Ooth 
by which amongst other things he promisses Not to know 
any thinge that May be Prejudiciall to her Majesty &c or to 
the Commonwealths peace or Quiett of her Majestys Realme 
but shall with all diligence Revele & disclose the Same to 
her Majesty or Such person or persons of her Privie Coun- 
cil! as he shall thinke may & will honestly Convey & bring 
the Same to her Majestys knowledge in Complyance where- 
onto We find our Selves under an Obligation Of Represent- 
ing to Your Excellency : 

That it is very Prejudiciall and of the worst Consequence 
to her Majesty and the Welfare peace and Quiet of this 
Collony that No Sutable Care or provision is made for the 



474 NEW JERSEY COLONIAL DOCUMENTS. [1710-11 

Support of Soe usefull and Coosiderable an officer as the 
Secretarie of this Province and Clerk of her Majestys Coun- 
cill Jeremiah Bass Esqr who at present Acts in those Stations 
haveing ever Since the Surrender of the Government to her 
Most Sacred Majesty which Is now upwards of Seven Yeares 
Performed the duty of the trust Reposed in him with Ability 
honesty and Integrity without Receiveing more then two 
hundred and fourty pounds money of this Country for the 
many and Chargeable Attendances Necessarily incident to 
both those offices in most parts of this province IS or for 
Paper Parchment Pens Inke Wax the Great Charges of 
Office Rent Paying of Expresses Removeing of the Records 
from Place to Place as ocasion Required for Candles &c 

Wherefore that her Majesty may be truely informed of the 
Premisses in order to the encouragement of the Said officer 
and Support of the said office We humbly Pray Your Excel- 
lency would be pleased to Joyne with us in a Representation 
of these matters to be laid before her Majesty for her Gracious 
Consideration therein 

W"" PiNHORNE 

Roger Mompesson Rich Towneley 
Hugh Huddy William Hall 

Daniell Coxe 
RoBT Quarry 
Peter Sonmans 
Gentlemen 

Yesterday I Received A Representation Signed by Severall 
of this board here present which I then tould You I would 
take into Consideration That I may pay all Due defferance 
to't I have thought it fitt to Returne ane awnswer to't in the 
same publiq manner & place in which I Received it 

I Joyne with You in opinion that it is highly for her 
Majestys Service that the Secretaries office and all other offices 
appointed by her for the Execution of her Government here 
be honorably Supported but being a Stranger to what pas't 
before my time here and the Act for the Support of her 
Majestys Government Not being past as Yet I Cannot Soe 



1710-11] JOURNAL OF GOVERNOR AND COUNCIL. 475 

positively aver that they are Not Suported when the Case 
appears to be Such I shall follow Such measures as Shall be 
Judged most expedient for procureing A Remydy for that 
Evill But that I Should joyne with you in a Representation 
to her Majesty in favorr of Ane officer who at this very time 
Stands Acused by the house of Representatives and many of 
the Good Subjects here of high Crimes and misdemeanors 
and Grose malversation In his Severall offices and to Reco- 
mend him to her Majesty as ane officer of Ability Honesty 
and Integrity Before he has thought fitt to Awnswer to one 
Single Article Exhibited against him what Ever may have 
induced You to desire it of Me I am Confident You Never 
Expected it for what other would this proceed ure be but 
Justifieing him against all Rules of Justice & without proofe 
and Condemning his acusers how Considerable Soever un- 
heard and against positive evidence* 

This Gentlemen Is my Sentiment with Relation to your 
Representation both Which I desire May be entered into the 
Jornals of this board to prevent Mistakes 

On the motion of M' Piuhorne that a Commitie might be 
Appointed to Examin into the Debts of the Government 

Ordered that the Gentlemen of the Councill or any five of 
them be A Commitie to examin into the debts of the Govern- 
ment & to Report the Same to this board : 

Die Lun» 5*"^ Feb 1710 
At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esqr Capt Generall and Gov' 

W™ Pinhorne Peter Sonmans 

. Rich Towneley W" Hall 

Daniell Coxe Esqrs Tho Gordon Esqrs 

Roger Mompesson Rob Quarry 

*See the representation of the House of Representatives, in Smith's Hist. N. J., 
395-8 ; and in N. J. Archives, IV., 45-8, 71-7, 87-112. 



476 NEW JERSEY COLONIAL DOCUMENTS. [1711 

William Pinhorne Esqr Reported from the Commity to 
■svhome the State of the debts of the debts [sic] of the Gov- 
ernment were ReiFered that they had made some progress in 
the Same which he Was directed to Report to this board and 
then made his Report as follows 

Resolved that the State of the Debts of the Government 
from the time of the publication of My Lord Cornburys 
Commission be laid before this Commity 

Resolved that his Excellency be applyed to that A Message 
be sent to the house of Representatives to desire that M'^ 
Fauconiers accounts may be laid before the Commitie 

Resolved that his Excellency be applyed to that Publique 
Notice should be Given to All persons that have Debts due 
to them from the Government Since the time of the Publica- 
tion of My Lord Cornburys Commission to bring in their 
accounts & lay them before this Committy 
A true Coppy 

20*'>Feb: 1710: 

J Bass Secretary 

Die Vene' the sixth of July 1711 

At A Councill held at Perth Amboy 

Present 
His Excellency Robert Hunter Esqr Capta Gener" <fec 
His Excellency Generall Nicholson 



Lewis Morris 'j Peter Son mans 

Dan" Coxe V Esqrs Hugh Huddy V Esqrs 



- .- , } 

Roger Mompesson ) Thomas Gordon ) 



A Message from the house of Representatives by Do'' 
Johnson and M' Farmer to acquaint his Excellency that the 
house of Representatives were mett in order to Receive his 
Excellencys Commands 

And his Excellency by the Same Messengers desired the 
house to Attend him in Councill Imediately 



1711] JOURNAL OF GOVERNOR AND COUNCIL. 477 

And M'' Speaker with the house attending his Excellency 
Spoake to them as follows : Vizt : 

Gentlemen 

Her Majestys Instructions which I am Commanded to 
Comunicate to you will informe you of the Reason of my 
Caleing you togeather at this time and I doubt not but what 
Is Contained in them will be as agreable to You as the Suc- 
cess will be profitable The fleet and forces designed for that 
Service are arived (blessed be God) in Good health and Con- 
dition and will proceed in a very Short time what Is Required 
on your parts as you'll understand by the paper marked A : 
containeing the Repartition of the two thousand men to Act 
under the orders of Generall Nicholson is the Levieing in 
each division one hundred and eighty efective private men 
besides officers to find out ways and meanes for their encour- 
agement pay & provisions as Well as for transporting over 
the Lakes that Number with their officers and provisions 
and other incident Charges which necessarily attend that 
Service 

By the Invoyce marked : B : you'le observe her Majestys 
great bounty in Clothing and Equiping the men Raised by 
You 

To you Is Reserved the giveing the finishing Stroake to 
the Greatest preparations for the most Glorious Enterprise 
that has been undertaken in Our dayes the designe and Con- 
sequences of which are to procure to You and your posterity 
for ever the most Valluable blessings of life peace plenty 
and the undisturbed possession of all your Rights Civill and 
Religious. There is nothing which Can be imagined to be 
wanting but time which Is to be Remedyed by Your Speedy 
dispatch all the preparations in the other provinces being in 
great forwardness for that Reason I must Recommend to 
You your entring upon Resolves forthwith for the incourage- 
ment of Vollunteers preventing desertion and what besides 
you may thinke Requisite for dispatch Upon the strength 
of which I may Send forth A proclaSiation for that purpose 



478 NEW JERSEY COLONIAL DOCUMENTS. [1711 

And delivered a Copie thereof to the Speaker with the 
papers mentioned there in 

On which M^ Speaker desired of his Excellency that they 
might enjoy the usuall privilidges of their house 

Which his Excellency asured them Should always be pre- 
served unto them 



Die Sabbat P Mer. Seaventh July 1711 

At A Councell held at Perth Amboy 

Present 
His Excellency Robert Hunter Esq Capt Gen' and Governor 
His Excellency Generall Francis Nicholson 

Lewis Morris ^ Hugh Huddy 

Daniell Coxe V Esqrs Tho Gordon Esqrs 

Roger Mompesson J 

The following papers were by his Excellency Comuni- 
cated and Read at this board Viz* 

Her Majesties instructions Relateing to the expedition 
against Canada 

Her Majestys instructions to Coll Dudly Governor of New 
England 

Additionall Instructions to Coll Hunter Governor of New 
Yorke New Jersey &c 

An Accompt of the Stores of Warr Sent for the Said 
Expedition 

The Result of the Councill of Warr Relateing to the 
Repartition of the forces to be provided by the Severall pro- 
vinces 

Which Said papers the Secretary was directed to deliver to 
the Speaker of the house of Representatives 



1711] JOURNAL OF GOVERNOR AND COUNCIL. 479 

Die Sabbat 14"' July P Merid 9 ho 1711 

At A Councill held at Perth Amboy 

Present 
His Excellency Robert Hunter Esqr Capt Gen' & Gover' 



Lewis Morris 'j Hugh Huddy 'j 

Daniell Coxe vEsqrs W" Hall VEsqrs 



} 

Roger Mompesson ) Thomas Gordon 



A Message from the house of Representatives by Do' 
Johnson Thomas Farmer Isack Sharp and Hugh Middleton 
to acquaint this board that the house had passed An Act 
Entituled An Act for Levieing and Raiseing money for and 
towards the Encouragement pay Provision Transportation 
and other Charges of Vollunteers to goe on an expedition 
against Canada upon the Inhabitants of this CoUony 

And An Act for the Currency of Bills of Creditt in this 
Collony of New Jersey 

To which they desired the Concurrance of this board 
The Act for levieing and Raiseing money for and towards 
the Encouragement Pay Provision Transportation and other 
Charges of Vollunteers to goe on an expedition against 
Canada upon the Inhabitants of this Collony 
Read the first time and 

Ordered a Second Reading 
An Act for the Currency of Bills of Creditt in this Col- 
lony of New Jersey 
Read the first time & 

Ordered a Second Reading 
The Bill Entituled an Act for Levieing and Raiseing of 
money for and towards the Incouragement Pay Provision 
Transportation and other Charges of Vollunteers to goe on 
an Expedition against Canada upon the Inhabitants of this 
Collony 

Read the Second time and Committed to the Gentlemen of 
the Councill or any five of them 



480 NEW JERSEY COLONIAL DOCUMENTS. [1711 

The Bill Entituled an Act for the Currancy of Bills of 
Creditt in the Collony of New Jersey 

Read the Second time & 

Committed to the Gentlemen of the Councill or any five 
of them 

Die Domin the 15"' July 1711 

At A Councill held at Perth Amboy 

Present 
His Excellency Robert Hunter Esqr Capt Gen' &c 

Lewis Morris Roger Mompesson 

Daniell Coxe Peter Sonmans 

Hugh Huddy Tho Gordon 

Daniell Coxe Esqr Reported from the Committy to whome 
the bill Entituled an Act for the Levieing and Raiseing 
money for and towards the Encouragement Pay Provision 
Transportation & other Charges of Vollunteers to goe on an 
Expedition against Canada upon the Inhabitants of this 
Collony 

That he was directed to Report the Said bill without any 
amendments 

And the Question being put whither the Said bill be Read 

the third time 

It past in the afirmative 

And the Said bill being Read the third time and the Ques- 
tion being put whither the Said bill doe pass 
It past in the afirmative 

Resolved Nemine Contradicente that the Said bill doe pass 

Daniell Coxe Esqr Reported from the Commity to whome 
the bill Entituled An Act for the Currency of Bills of Cred- 
itt in the Collony of New Jersey was Reifered 

That he was directed to Report the Said bill without any 
Amendments. 

And the Question being put whither the Said bill be Read 
the third time 



1711] JOURNAL OF GOVERNOR AND COUNCIL. 481 

It past in the afirmative. 
And the Said bill being Read the third time & the Ques- 
tion being put whither the Said bill Doe pass 
It past in the afirmative. 
Resolved that the Said bill doe pass Nemine Contradicente 



Die Lunse IG''^ July 1711 

At A Councill held at Perth Amboy 

Present 
His Excellency Robert Hunter Esqr Capt Gen'' & Gov'' 

Lewis Morris ^ Hugh Huddy ^ 

Daniell Coxe [ W" Hall > Esqr 

Roger Mompesson ,' Tho Gordon J 
Peter Son mans J 

A Message to the house of Representatives by M'' Secre- 
tary Bass 

M'' Speaker his Excellency expects this house to Attend 
him in Councill Imediately 

And the Speaker with the house attending his Excellency 
past the following Acts Vizt 

An Act for Levieing and Raiseing of money for and 
towards the Encouragement Pay Provision Transportation 
and other Charges of Vollunteers to go on an expedition 
against Canada upon the Inhabitants of this province & 

An Act for the Currency of Bills of Creditt in the Collony 
of New Jersey & then Spake to them as foils : 

Gentlemen 

I Cannot Choose but thank you for the Cheerful Dispatch 
you have Given to what was Recommended to you by her 
Majesty Relateing to the Expedition in hand and must fur- 
ther Recomend to you that each in his Station Contribute the 
best of his Endeavours to Promote the Necessary Levy's & 
Carry on the Design which so nearly concerns you. 

31 



482 NEW JERSEY COLONIAL DOCUMENTS. [1713 

Your Private Concerns I know require Your Presence at 
Your Respective Abodes at this time, For that Reason I 
have thought Fitt to Prorogue you to the Sixteenth day of 
August Next Insuing & You are Accordingly Prorogued to 
the Said Sixteenth day of Aug" then to Meet at Perth Am- 
boy, if the Service does not Absolutely require your Presence 
then & there you shall have timely Notice by a Farther 
Prorogation. 

And then Proroged the Assembly to the Sixteenth day of 

August Next. 

A true Coppy 

J Bass Secretary. 

Die Luna SO"" November 1713* 
At a Councill held at Burlington 

Present 
His Excellency Robert Hunter Esq Captain Generall & 
Govern' 

George Deacon Hugh Huddy \ gg j.g 

Thomas Byerly J 

Her Majestys Letter of the Sixth day of May 1713 for 
Constituteing Coll John Hamilton to be one of the Councill 
for this province being Read And the Said Coll Hamilton 
having taken the oaths &c tooke his Place at the board 
accordingly 

Die Sabbat 6'^ December 1713 
At A Councill held at Burlington 

Present 
His Excellency Robert Hunter Esq Captain Generall and 
Gov' 

George Deacon Thomas Byerly \ -^ 

Hugh Huddy i 

* ( lovernor Hunter wrote to England in 1712 that he had prorogued the New Jersey 
Assembly from time to time because detained in New York, and because the Council 
was opposed to him. See N. J. Archives, IV., 171. 



1713] JOURNAL OF GOVERNOR AND COUNCIL. 483 

Her Majestys Letter of the seaventh of May 1713 Consti- 
tuteing John Reading Esq' to be one of the Councill for this 
province being Read and the Said John Reading Esq"" have- 
ing taken the Oaths &c he then tooke his place accordingly 



Die Lunse 7"^ December 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq Captain Geuerall & 
Gov' 

George Deacon John Reading 

Hugh Huddy Esqrs Thomas Byerly Esqrs 

A Message from the house of Representatives by Coll 
Farmer and M' Sharp : to acquaint his Excellency that there 
were Seaventeen of the members of the Assembly met to- 
geather 

And were by his Excellency desired to adjorne themselves 
till to Morrow morning 

Ordered that all those Gentlemen that are Removed from 
being of her Majestys Councill be Suspended from Acting by 
any Commission of the peace in any County within this 
Province and that notice by [be] Given to them accordingly 

December the 8'M713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq' Captain Generall and 
Gov' 

George Deacon John Reading 

Hugh Huddy Esq Thomas Byerly Esqrs 

John Anderson 

A Message to the house of Representatives by the Clerk of 
the Councill to acquaint them that his Excellency desires the 
house to Attend him in Councill Imediately 



484 NEW JERSEY COLONIAL DOCUMENTS. [171S 

And the Speaker with the house of Representatives Attend- 
ing his Excellency Spoake to them as follows 

Gentlemen 

I am heartily Glad to meet you here after So long absence 
and I believe you are not Sorry to meet me in so good Com- 
pany, The tender Regard that her Majesty has had to your 
peace in perticuler at a time when the Generall one with 
which She has blessed the world Called for her Pious En- 
deavors Cannot faile of meeting with Such Returns as are 
due from the most Gratefull people to the best and most in- 
dulgent of Princes Neither Can I be perswaded but by a 
proofe which God avert that the Impotent Efforts of such as 
have been by her order and at your desire Removed from 
places of trust for disturbeing your peace Should now that 
they are removed have the power to destroy it by braking 
that mutuall Confidence or disturbing that harmony that Is 
I hope established between the Severall parts of this Legis- 
lature 

Full of that Confidence I Recommend to your Imediate 
Care the past Arrears and future Support of her Majesty's 
Government The discouragement of Growing Vice and 
Avowed Imorality, The Improvement of trade Incourage- 
ment of Planting and peopleing the said province which 
Cannot be better Effected then by a Law to affirm and Ascer- 
tain the Respective Propertys if you thinke it practicable 
The Reconsideration of Severall Good bills which miscaried 
the last time we met here by the unreasonable oposition of a 
party and in a word what ever may be thought necessary 
for her Majesty's honor and interests and their inseperable 
Concomitant publique peace and Common Good of All her 
Subjects to all which I promis you my hearty assent so far 
as I am impowered and for these purposes I thinke my Selfe 
Suffitiently impowerd. The Gentlemen of the Councill as 
now constituted haveing no Views or interests differing from 
yours if you would aggree to meet them or a number of them 
in frequent and amicable Conferences upon all matters under 



1713] JOURNAL OF GOVERNOR AND COUNCIL. 485 

diliberation it would not onely Save much time but efectualy 
disapoint all the Contrivances of your Enimies who in Return 
for their being at present no Councillers have Rediculously 
Endeavered to perswade Some that you are no Assembly. 

M^ Speaker desiring the usual Privilidges belonging to an 
Assembly It was granted by his Excellency 

Her Majestys order for Confirmeing the Act of Assembly 
for the Sitting of the Assembly at Burlington was by his 
Excellency laid before this board 

M^ Whitehead and M' Jewell * appeared according to the 
former order of Councill and the Petision and affidavits 
against them being Read and the persons heard for themselves 

Ordered that the further Consideration of this matter be 
Reifered till to Morrow 

December the 9'M713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq Captain Generall and 
Gover"" 

Hugh Huddy John Reading 

John Anderson Thos Byerly Esqrs 

Ordered that M' Whitehead be dismissed from any further 
attendance it appearing that the bill taxed was not any de- 
signed default of his. 

Ordered that M"" Jewell doe attend untill further order. 

A Message from the house of Representatives by Adam 
Hude and Isack Sharp to acquaint his Excellency that the 
house desired to know when they should Attend his Excel- 
lency. 

And his Excellency appointed them to Attend him ime- 
diately The Petision of the Inhabitants of Elizabeth towne 
being Read it is the opinion of this board that their propertys 
are not in any thing invaded by the Charter granted to the 

♦Probably George Jewell, of Ellzabethtown, See Hatfield's Hist, of Elizabeth- 
town, 262. 



486 NEW JERSEY COLONIAL DOCUMENTS. [1713 

Inhabitants of Newarke but that Since they desire it due 
Care shall be taken when ever any Lines are Runn that they 
be done according to the originall Grants or Pattents and the 
survey shall be made in the presence of Proper persons ap- 
pointed by boath the Said townes 

The Speaker with the house of Representatives attending 
they presented the following Address 

To his Excellency Robert Hunter Esqr Captaine Generall 
& Commander in Cheif of her Majestys Province of New 
Jersey &' 

The humble address of the Representatives of the Province 
of New Jersey 

May it please Your Excellency 

It is with the Greatest Satisfaction we meet your Excel- 
lency In Such good Company now and hope that Since those 
illminded persons who have for many years obstructed the 
peace and Welfare of this Country are removed We shall be 
favored with it oftner 

Our most Gracious Sovereigns tender Regard for us the 
meanest of her Subjects and at a time when the Generall 
peace which by Gods blessing She has So gloriously Restored 
required the Greatest Aplication layes us under the Greatest 
obligations to the best of Queens 

We hope our actions will Convince the world that we are 
not ungratefull but entirely devoted to her Service [and] that 
of our Countrys which are inseperable We doubt not but to 
disapoint all the Malitious Efforts of those Common disturb- 
ers which her Majesty has Removed from her Councill for 
which We lye under the greatest obligation to your Excel- 
lency What your Excellency has Recommended to us is 
under Consideration and doubt not to dispatch it to Your 
Satisfaction 



1713] JOURNAL OF GOVERNOR AND COUNCIL. 487 

Fryday the 11*'' December 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq'' Captaine Generall and 
Gov^ 

Hugh Huddy Esq John Reading 

John Hamilton Thomas Byerly Esqr 

The deposition of William Looker taken before Thomas 
Byerly Esq against Alexander Griffith Esq'' her Majestys 
Attorney Generall being Read. 

Ordered that M"" Attorney Generall have a Coppy of the 
said Afidavit and that he be appointed to attend the Next 
Councill day in order to be heard what he has to Say for 
himselfe against the said Complaint. 

Ordered that all Appearanqgs that Were ordered in July 
last in Relation to the writts of Error Records or the putting 
in force the Commission of John Barkeley be Enlarged till 
this day fortnight or the Next Councill day after that time 

Saturday the 12*'' December 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq' Captain Gen' & Gover"^ 

John Anderson John Reading 

John Hamilton Esq' Thomas Byerly Esq' 

Ordered that a Committy of this board be appointed to 
meet with Some Gentlemen of the house of Representatives 
in order to agree upon an ordinance to establish the fees of 
all the officers and practissioners of the law in this province 
that may afterwards be past into an Act of Generall Assem- 
bly and that the Gentlemen of the Councill or Such of them 
as are now in towne be appointed for that Service & that 
they meet at the house of George Willis at four of the Clock 



488 NEW JERSEY COLONIAL DOCUMENTS. [1713 

in the afternoone and that Clerk of the Councill give Speaker 
of the house notice thereof. 

Ordered that M" Attorney General 1 doe attend the next 
Councill day 

M' Jewell appeareing and no Prosecutors appeareing Nor 
the originall bill of Costs Complained of 

Ordered that he be dismissed from further Attendance. 



Wenesday the IG"" December 1713 

At a Councill held at Burlington Present 

His Excellency Robert. Hunter Esq' Captain Generall and 
Gov-^ 

Lewis Morris John Hamilton 

Tho Gordon Esq' , John Reading Esq' 

John Anderson Thomas Byerly 

The Petision and affidavit of William Montgomery against 
M' Attorney Generall being Read 

Ordered that M' Attorney Generall be served with a Coppie 
of the Said Petision and Affidavit and that he awnswer the 
Same the Next Councill day 

Thursday the 17"" December 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq' Captain Gen^ & Gover' 

Lewis Morris John Hamilton 

Hugh Huddy John Reading Esqrs 

Thomas Gordon Esqrs Thomas Byerly 
John Anderson 

M' Attorney Generall appeared according to order and 
awnswered to the Complaint and Affidavit of Looker On the 



1713] JOURNAL OF GOVERNOR AND COUNCIL. 489 

full heareing of which It Is ordered that the Complaint 
against M"" Attorney Generall be dismissed their appeareing 
no Cause of Complaint M"" Attorney Generall desireing that 
longer time be Given to Awnswer the Complaint of M' 
William Montgomery 

Ordered that it be heard on Moonday Next or the Next 
CJouncill day after 

An Act for Preventing Corruption in the Courts of Justice 
Read the first time and ordered a Second Reading 

An Act for Acknowledgeing and Recording of Deeds and 
Conveyances of Land within each Respective County of this 
Province Read the first time and ordered a Second Reading 



Fry day the 18'" December 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq"' Captain Gen^ & Govr"" 

Hugh Huddy John Reading 

Thomas Gordon Esq * Thomas Byerly Esq 
John Hamilton 

The bill Entituled an Act for Preventing Malitious prose- 
cutions by informations Read the first time and ordered a 
Second Reading 

The bill Entituled an Act for Preventing Corruption in the 
Courts of Justice Read the Second time and Committed to 
the Gentlemen of the Councill or any five of them 

The bill Entituled an Act for Acknowledgeing and Re- 
cording of Deeds and Conveyances of Lands within each 
Respective County of this province Read the Second time 
and Committed to the Gentlemen of the Councill or any five 
of them 



490 NEW JERSEY COLONIAL DOCUMENTS. [171S 

Saterday the lO'*^ December 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captain Gen^ & Gover' 

Lewis Morris John Hamilton 

Hugh Huddy Esqrs John Reading Esqrs 

Thomas Gordon Thomas Byerly 

The bill Entituled an Act for Ascertaining the Qualifica- 
tions of Jurors in this Province Read the first time and 
advised A Second Reading 

The bill Entituled an Act for Raiseing of money for build- 
ing and Repaireing of Goales and Courthouses within each 
Respective County within this Province and to Repeale the 
Act past for that purpose in the [year] 1709 Read the first 
time and advised a Second Reading 

The Act for Preventing Malitious Prosecutions by Infor- 
mations Read the Second time and Committed to the Gentle- 
men of the Councill or any five of them 

Moonday 2P' December 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq"" Captain Gener' &" 

Lewis Morris John Hamilton 

Hugh Huddy Esqrs John Reading Esq 

Tho Gordon Thomas Byerly 

M"^ Attorny Generall appeared according to order and M"" 
Montgomery the Plaintiff appeared and boath partys were 
heard & M' Montgomery alledging that M'' Foulkes was a 
Materiall evidence in this cause, Ordered that the further 
heareing of this cause be put of till to Morrow morning 

The bill Entituled an Act for raiseing of money for build- 



1713] JOURNAL OF GOVERNOR AND COUNCIL. 491 

ing and Repaireing of Goales and Court houses within each 
Respective County within this Province and to Repeale the 
Act made for that purpose in the Yeare 1709 Read the 
Second time and Committed to the Gentlemen of the Councill 
or any five of them 

The bill Entituled an Act for Assertaineing the Qualifica- 
tions of Jurors within this Province Read the Second time 
and Committed to the Gentlemen of the Councill or any five 
of them 

Tuesday the 22'' December 1713 • 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captain Generall and 
Gover'' 

Lewis Morris John Hamilton 

Hugh Huddy Esqr John Reading Esqr 

Tho Gordon Thomas Byerly 

M"^ Attorney Generall appeared according to order and M' 
Montgomery appeared & Jeremiah Bass & Thomas Foulkes 
evidences examined upon oath and there appeareing no proofe 
of the Matters of fact Alledged in the affidavit of the said 
William Montgomery 

Ordered that the said Complaint be dismissed and M"" 
Attorny Generall be discharged from any further Attendance 

The Petision of Andreas Van Buskirk in behalfe of him- 
selfe and the inhabitants of the township of Bergen &'^ Read 
and Granted and ordered that a Warrant be drawne to M"" 
Attorney Generall to prepare a pattent according to the prayer 
of the Said Petision * 

Lewis Morris Esq Reported from the Committy to whom 
the bill Entituled An Act for Preventing Corruption in the 
Courts of Justice in this Province were Reffered that they 
had Gone through the Same and made Several 1 amendments 
thereto which he was directed to Report to this board when 
they would be pleased to receive the Same. 

*For a new " Charter or Pattent of Incorporation." The new charter is given in 
Winfield's History of Hudson County, 130. 



492 NEW JERSEY COLONIAL DOCUMENTS. [1713 

Ordered that the Report be made Imediately 
And then Lewis Morris Esqr Reported the said bill with 
the Severall Amendments to the Same which were agreed to 
by this board and the bill with the Amendments being Read 
the third time and the question being put whether the bill So 
amended Doe pass. 

It past in the Afirmative 
Ordered that Lewis Morris Esq doe earie the said bill with 
the Amendments to the house of Representatives for their 
Concurrance thereunto 



Wensday the 23'* December 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq Captaine Gen* & 
Governor 

Lewis Morris John Reading 

Hugh Huddy Esqrs Thomas Byerly Esqrs 

John Hamilton 

Hugh Huddy Esq Reported from the Committy to whome 
the bill Eutituled an Act for Assertaining the Qualifications 
of Jurors within this Province was Reffered that they had 
Gone through the Same and made Severall amendments 
thereto which he was directed to Report to this board when 
they would please to Receive the Same 

Ordered that the Report be made Imediately 

And then the Severall Amendment being Read were agreed 
to by this board And the bill Soe amended Read the third 
time And the question being put whether the bill Soe amended 
doe pass it past in the afirmative 

Ordered that the bill Entituled an Act for the Qualifica- 
tion of Jurors in this Province With the Amendments be 
Caried to the house of Representatives for their Concurrance 
& that M"" Huddy doe Carie the Same Coll Hamilton Re- 



1713] JOURNAL OF GOVERNOR AND COUNCIL. 493 

ported from the Committy to whome the bill Entituled an 
Act for raiseing money for building and Repaireing Goales 
and Courthouses was Referred that the Committy had Gone 
through the Said bill and made Severall Amendments there- 
unto which he was directed to Report to this board when 
they will please to Receive the Same 

Ordered that the Report be made imediately 
And the Severall Amendments being Read were agreed to 
by this board with one other amendment added 

And the bill with the Amendments being Read the third 
time and the Question being put whether the bill Soe amended 

doe pass 

It past in the afirmative 

Ordered that the bill with the Amendments be Sent to the 
house of Representatives for their Concurrence & that Coll 
Hamilton be desired to Carie up the Same. 

M' Byerly Reported from the Committy to whome the bill 
Entituled an Act for preventing malitious prosecutions by 
informations was ReiFerr'd that they [had] gone through the 
Said Bill and made Severall Amendments thereunto which 
he was directed to Report to this board when they would 
please to Receive the Same 

Ordered that the Report be mad imediately 

And the Severall amendments being Read and Agreed by 
this board except the fifth & eight amendment The bill with 
the Amendments being Read the third time and the question 
being put whether the bill doe pass 

It past in the afirmative 

Ordered that the bill Soe amendment be Sent to the house 
of Representatives for their Concurrance & that M"" Byerly 
be desired to Carie the Same 

The bill Entituled an Act for Speciall Jury's Read the 
first time and ordered a Second Reading 



494 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

Fryday the first of January 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captain Gen^ & Gover' 

Lewis Morris John Anderson 

Hugh Huddy Esqr John Hamilton Esqr 

Tho Gordon Tho Byerly 

The bill Entituled An Act for Speciall Jurys Read the 
Second time and Committed to the Gentlemen of the Coun- 
cill or any five of them 

The Amendments made by the house of Representatives 
to the amendments made by this board to the bill Entituled 
an Act for preventing Corruption in the Courts of Justice in 
this province Read and agreed to and the bill with the 
Amendments ordered to be Engrost 

The bill Entituled an Act for Shortning Law Suites and 
Regulateing the practice of the Law Read the first time and 
ordered a Second Reading 

Ordered that Coll Morris be desired to acquaint the house 
of Representatives that this board have agreed to the Amend- 
ments made by house to the Amendments made by this board 
to the bill Entituled An Act for preventing Corruption in 
the Courts of Justice in this province and had ordered the 
Same to be Engrost on parchment 

Saterday the second January 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq' Captaine Generall 
and Governor 

Lewis Morris John Hamilton 

Thomas Gordon Esqr Thomas Byerly Esq' 

John Anderson 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 495 

Coll Anderson Reported from the Committy to whome the 
bill Entituled an Act for Acknowledgeing & Recording of 
deeds &" in each County &," was Referred that the Committy 
had Gone [through] the Said bill and made Severall amend- 
ments thereunto which he was directed to Report to this 
board when they will please to Receive the Same 

Ordered that the Report be made Imediately 

And the Said Amendments being Severaly Read were 
agreed to by this board 

The bill entituled an Act for Shortning Law Suites and 
Regulating the Practice of the Law Read the Second time 
and Committed to the Gentlemen of the Council!, or any five 
of them. 



Thursday the seaventh January 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq" Captain Generall &" 

Lewis Morris John Anderson 

George Deacon John Hamilton 

Hugh Huddy Esq" Elisha Parker Esq" 

Tho Gordon Thomas Byerly 

M" Gordon Reported from the Committy to whome the 
bill Entituled an Act for Speciall Jurys Was Reffered that 
the Committy had Gone through the Said bill and made 
Severall Amendments thereunto which he was directed to 
Report to this board when they will please to Receive the 
Same 

Ordered that the Report be made Imediately 

And then M" Gordon Reported the Said bill with the 
amendments which were Severaly Read and agreed to by this 
board. 

And the bill with the Amendments being Read the third 



496 NEW JERSEY COLOXIAJL DOCIIMEXTS. [1713-14 

time and the Question being put whether the bill Soe amended 

doe pass 

It past in the afirmative 

Ordered that M^ Gordon doe Carie the bill Soe amended 
to the house of Representatives for their Concurrance 

The bill Entituled an Act that the sollemn afirmation and 
declaration of the people Called Quakers shall be accepted 
instead of an oath in the usual! forme and for Qualifieing and 
enabling the said people to Searve as Jurors and to execute 
any office or place of trust or profitt within this province 
Read the first time and ordered a Second Reading * 

M' Reading Carie [came] in after the former business was 
over: 

Friday the 8'^ January 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq Captain Gen' & Gov'^ 

Lewis Morris John Reading 

George Deacon Elisha Parker 

Hugh Huddy Esq^ Tho Byerly Esq' 

John Anderson 
John Hamilton 

Townley Plan : in Error 

ver 
John Denn at the demse of John Rudyard 

On motion of M' Gordon 

Ordered that the transcript of the Record be Returned into 
the Councill office in three weeks or the Plantiff in Error be 
Non Suit : 

John Berrow plai in Error 

vers 
John Somers at the demise of George Willocks Administrator 
of the Estate of Charles Winder in & Ejectment 
On the motion of ^P Gordon 

• Some cnrions particulars regarding the passage of this act are given in Smith's 
HiBt. N. J., 403. 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 497 

Ordered that the transcript of the Kecord be Returned into 
the Councill office in three weeks or the Plantiff in Error be 
Non Suit 

Thursday the 14*^ January 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq"" Captain Gen' &" 

Lewis Morris John Reading 

Hugh Huddy Thomas Byerly Esq 

Thomas Gordon 
John Hamilton 

Peter Fauconier Plantiff in Error 

vers On the Motion of M' Attorney Generall 

Dom : Reginie : 

On the Motion of M'' Attorney Generall 

Ordered that the Attorney for the Plantiff in Error doe 
Returne the transcript of the Record before the Governor in 
Councill in eighteen days or the Next Councill day after Or 
the plaintiff in Error to be Nonsuited 

M'' Reading Reported from the Committy to whome the 
bill for Shortning Law Suites and Regulateing the practise 
of the law was Reffered that they had Gone through the 
Same and made Severall Amendments to the Same which he 
was directed to Report to this board when they would please 
to Receive the Same 

Ordered that the Report be made Imediately 

And then M"" Reading Reported the Said Amendments 
which were Severaly Read and agreed to by this board and 
the bill Soe amended Ordered to be Read a third time 

And the Question being put whether the bill Soe amended 

doe pass 

It past in the Afermative 

Ordered that M'' Reading doe Carie the Said bill with the 

Amendments to the house of Representatives for their Con- 

currance 

32 



498 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

Post Merid Ejus** Diei : 
At a Councill held at Burlington Present as aforesaid 

A Message from the house of Representatives in these 
words Ordered that M" Reid and M"" Sharp Gary up the bill 
to the Councill Entituled an Act for Speciall Jurys with the 
Amendments on their Amendments and one amendment to 
the bill & desire their Concurrance 

The first Amendment Read & the Question being put 
whether this board doe adhere to their amendment It past in 
the afirmative Adhere 

The Second Amendment Read : this board doe adhere to 
their Amendment ' 

The fourth Amendment Read This board doe adhere to 
their Amendment 

And this board doe not thinke fitt to take notice of the 
Amendment made to the bill by the house 

Ordered that the house of Representatives be acquainted 
that this board doe adhere to the amendments made by this 
board to the Said bill but disagree to their Amendment & 
that M' Gordon doe Carie the Same 

The bill Entituled An Act Concerning Swine Read the 
first time and Ordered A Second Reading 

The bill Entituled an Act to prevent the Concealing of 
Stray Cattell or horses Read the first time and ordered a 
Second Reading 

The bill Entituled An Act Encourageing the killing of 
Woolves Panthers and Red Foxes Read the first time and 
ordered A Second Reading 

The bill Entituled An Act for Regulateing of fences Read 
the first time and ordered A Second Reading 

The bill entituled an Act that the Sollemn afirmation and 
declaration of the People Called Quakers shall be accepted 
instead of an oath in the usuall forme &*' Read the Second 
time and Committed to the Gentlemen of the Councill Or 
Any five of them 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 499 

Fryday the. 15"^ January 1713 

At A Councill held at Burlington Present 

His Excellency Robert Hunter Esq Captaine Generall & 
Oov'^nor 

Lewis Morris John Reading 

Tho Gordon Esq' Thomas Byerly Esqr 

John Hamilton 

The bill Entituled An Act for Regulateing of fences Read 
the Second time and Committed to the Gentlemen of the 
Councill or any five of them 

The bill Entituled An Act for the Encouraging the Kill- 
ing of Woolves Panthers and Red foxes Read the Second 
time and Committed to the Gentlemen of the Councill or any 
five of them 

The bill Entituled An Act to prevent the Concealing of 
Stray Cattle or Horses Read the Second time and Committed 
to the Gentlemen of the Councill or any five of them 

The bill Entituled An Act concerning Swine Read the 
Second time and Committed to the Gentlemen of the Coun- 
cill or any five of them 

Moonday the 18* January 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq Captaine Generall &" 

Lewis Morris John Reading 

Tho Gordon Esqrs Elisha Parker Esq 

John Hamilton Thomas Byerly 

The Petision of Samuell Hedge Relateing to a Judgement 
Recovered against him Dureing the Administration of My 
Lord Cornbury at the Suite of the Queen, Read and Referred 
to the Gentlemen of the Councill 



600 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

Lewis Morris Esqr Reported from the Committy to whom 
the bill Entituled An Act that the Sollem afirmation and 
declaration of the people Called Quakers shall be Accepted 
and taken instead of an Oath in the usuall forme and for 
Qualifieing and Enabling the Said people to Searve as Jurors 
and to execute any office or place of trust or Profit within 
this Province that they had Gone through the Same and 
made Severall Amendments thereto which he was directed 
to Report to this board when they would please to Receive 
the same 

Ordered that the said Report be made Imediately 

And the said Report being made and the Severall Amend- 
ments Read and agreed to the Question was put whither the 
bill Soe amended be Read the third time 
It past in the afirmative 

And the Said bill with the Amendments being Read the 
third time & the Question being put whether the bill Soe 
amended doe pass 

It past in the afirmative 

Ordered that Coll Lewis Morris doe Carie the bill Soe 
amended to the house of Representatives for their Concurrance 

M' Gordon Reported from the Committy to whome the 
bill Entituled an Act for Regulateing of fences was Reffered 
that the Committy had Gone through the Said bill and made 
Severall Amendments to the Same which he was directed to 
Report to this board when they will please to Receive the 
Same 

Ordered that the Report be made Imediately 

And then Thomas Gordon Esqr Reported the Said Bill 
with the Amendments which were Severally Read and agreed 
to by this board And the bill with the Amendments Read 
the third time 

And the Question being put whether the bill Soe amended 
doe pass 

It past in the afirmative 

Ordered that Thomas Gordon Esqr doe Carie the Said bill 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 501 

Soe amended to the house of Representatives for their Con- 
cur ranee 

M' Byerly Reported from the Committy to whome the bill 
Entituled an Act for the Encourageing the Killing of 
Woolves Panthers and Red Foxes that the Committy had 
Gone through the Said bill and made Severall Amendments 
thereunto which he was desired to Report to this board, 
When they would please to Receive the Same. 
Ordered that the Report be made Imediately 
And then M"" Byerly Reported the Said Amendments which 
were Severally Read and agreed to by this board and the bill 
Soe amended being Read the third time and the Question 
being put whether the bill Soe amended doe pass 
It past in the afirmative 
Ordered that M' Byerly doe Carie the bill Soe amended to 
the house of Representatives for their Concurrance 

Coll Hamilton Reported from the Committy to whome the 
bill entituled an Act to prevent the Concealing of Stray Cattle 
and horses was Reifered that the Committy had Gone through 
the same and made Severall Amendments thereunto which 
he was directed to Report to this board when they would 
please to Receive the Same 

Ordered that the Report be made Imediately 
and then Coll Hamilton Reported the Said Amendments 
which were Severaly Read and agreed to by this board & 
the bill Soe amended Read the third time and the Question 
being put whether the bill Soe amended doe pass 
It past in the afirmative 
Ordered that Collonell Hamilton doe Carie the Said bill 
with the Amendments to the house of Representatives for 
their Concurrance 

M^ Reading Reported from the Committy to whome the 
bill Concerning Swine was Referred that the Committy had 
Gone through the Said bill and had Made Severall amend- 
ments thereunto which he was directed to Report to this 
board when they would please to receive the Same 



502 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

Ordered that the Report be Made Imediately 

And the Said amendments being Reported and Severaly 
Read were agreed to by this board and the bill Soe amended 
being Read the third time and the Question being put whether 
the bill Soe amended doe pass 

It past in the afirmative 

Ordered that M' Reading doe Carie the bill Soe amended 
to the house of Representatives for their Concurrance 

The bill Entituled an Act for preventing imorality read the 
first time and Ordered a Second Reading 

The bill Entituled an act enabling the owners of the Mead- 
ows and marshes adjoyneing to and on boath Sides of Mani- 
tou Creek to Stop out the tide from overflowing them Read 
the« first time and Ordered a Second Reading 

the Act for laying out raakeing and mending high wayes 
Read the firsfe time & ordered a Second Reading 



Wensday the 20"^ January 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captaine Gen^ <fe Gover' 

Lewis Morris John Reading 

Thomas Gordon Esqrs Elisha Parker Esqrs 

John Hamilton Thomas Byerly 

Ordered that the Gierke of the Councill doe acquaint the 
house of Representatives that this board doe desire a Confer- 
ance with Some of the Members of that house at the house 
of George Willis at six of the Clock this afternoone on the 
Subject Matter of the Engrossed bill Entituled an Act for 
raiseing money for building and Repairing of Goales and 
CourthoHses 

The bill for preventing Imorality Read the Second time 
and Committed to the Gentlemen of the Councill or any five 
of them 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 503 

The Act for laying out makeing and mending high wayes 
Read the Second time and Committed to the Gentlemen of 
the Councill or any five of them 

The act for Enabling the Owners of the Meadows and 
marshes Adjoyneing to and on boath Sides of Manitou Creek 
Read the Second time and Committed to the Gentlemen of 
the Councill or any five of them 

A Message from the house of Representatives by M' Far- 
mer and M'' Fretwell in these words 

The bill Eutituled An Act for Regulateing of fences being 
Read in the house with the Councills Amendments the house 
agreed to the first and third Amendments and disagreed to 
the Second. 

The Second amendment being Read and the Question being 
put whether this board doe adhere to the Said Amendment 

It was Caried adhere 

Ordered that the Clerk of the Councill doe acquaint the 
house of Representatives that this board doe adhere to the 
Second amendment made to the bill for Regulateing of fences 

A message from the house of Representatives in these 
words 

Ordered that M"" Fretwell and M' Farmer carie up the bill 
to the Councill Entituled an Act for Shortning of law Suites 
and Regulateing the practise of the law with their amend- 
ments and acquaint them that the house have made Some 
Amendments to their first Amendment to which they desired 
the Concurrance of this board & had agreed to the rest 

And the Severall amendments to the first Amendment 
being Read 

This board agreed to the first Agreed to the Second 
disagreed to the third agreed to the fourth fifth agreed 
sixth agreed Seaventh disagreed ninth agreed with a 
New Amendment (to add the word the) Amendment 
the tenth agreed 
and that the Gierke of the Councill acquaint them therewith 

The bill Entituled an Act for preventing abuses in Selling 
Strong drinke by Retaile &" Read the first time and order 
a Second Reading 



504 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

Fryday the 22<* January 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captaine Generall &° 

Lewis Morris Elisha Parker 

Thomas Gordon Esq' Thomas Byerly Esqr 

John Reading 

A Message from the house of Representatives by M' Sharp 
and M' Van Boskerk with two bills Vizt 

An Act for Regulating of Slaves 

And an Act for Confirmeing of a Pattent Granted by his 
Excellency Robert Hunter Esq &" for the incorporateing of 
the toAvne of Bergen to which they desired the Concurrance 
of this board 

The bill Entituled an Act for Preventing abuses in the 
Selling of Stronge liquors Read the Second time and Com- 
mitted to the Gentlemen of the Councill or any five of them 

The Amendment made by the house of Representatives to 
the Last Amendment made by this board to the bill Entituled 
An Act that the Sollemn affirmation and declaration of the 
people Called Quakers shall be accepted instead of an Oath 
in the usuall forme &*" Read and agreed to by this board and 
the bill Soe amended Read the third time and the Question 
being put whether the bill Soe amended doe pass 
It past in the afirmative 

Ordered that CoUonell Lewis Morris doe acquaint the 
house of Representatives that this board had agreed to their 
amendments and Ordered the bill to be Engrossed 

The bill Entituled An Act for Regulateing of Slaves Read 
the first time and Ordered a Second Reading 

The bill Entituled an Act for Confirmeing a Pattent 
Granted by his Excellency Robert Hunter Esqr for the in- 
corporation of the towne of Bergen Read the first time and 
ordered a Second Reading. 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 505 

January the 26''' 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq Captain Gen^ & Gover"" 

Lewis Morris Elisha Parker 

Hugh Huddy Esqr John Reading Esqrs 

Tho Gordon Thomas Byerly 

A Letter from Coll John Anderson to Lewis Morris Esqr 
giveing an Account that their are some people in the County 
of Monmouth that have talked frequently that if the Assem- 
bly sent Elisha Lawrence back that if every man were of their 
mind they would goe with one hundred men and force him 
into the house 

Ordered that Secretary doe write to Coll Anderson to make 
diligent enquiry who the Said persons are with what evidence 
are against them and to Issue out his warrants for takeing up 
the Said persons & bringing both them and the witnesses 
against them before his Excellency in Councill as Soone as 
may be 

An Act for Regulateing of Slaves Read the Second time 
and Committed to the Gentlemen of the Councill or any five 
of them 

The bill Entituled An Act for Erecting the Upper parts 
of the Westerne division of New Jersey into a County Read 
the first time and Ordered a Second Reading 

The bill Entituled an Act for Confirmation of a Pattent 
Granted by his Excellency Robert Hunter Esq for the incor- 
porateing of the towne of Bergen Read the Second time and 
Committed to the Gentlemen of the Councill or any five of 
them 

A Message from the house of Representatives by M' Farmer 
and M"" Fretwell in the words following Vizt 

We are appointed by the house to bring up the Engrossed 
bill Entituled an Act that the Sollemn afirmation and Declar- 



606 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

ation of the people Called Quakers shall be accepted instead 
of an oath in the Usual 1 forme and for Qualifieing and En- 
abling the Said people to Searve as Jurors and to execute any 
office or place of trust or profit within this province & to 
acquaint this board that upon Examining the Same the house 
finds the Second Enacting Clause is wholly left out which 
this house Is Jealeous was done by designe of the Clerk to 
this board And the Clerke of the Councill being Examined 
about the Said matter Did acknowledge that it was an acci- 
dentall omission and mistake which he as soone as he heard 
of endeavered to Amend by New Engrossing the said bill 

Ordered that the Clerk of the Councill doe attend the house 
of Representatives and Give them Satisfaction on this Com- 
plaint 

A Message from the house of Representatives by M' Reid 
and M"^ Sharp to know what this board have done with the 
bill for acknowledgeing and Recording of deeds and Convey- 
ances of Land within each County of this province and the 
bill for Special 1 Jurys 

The bill with the Amendments Entituled an Act for 
Acknowledgeing and Recording of Deeds and Conveyances 
of land within each Respective County of this Province Read 
the third time And the Question being put whether the bill 
Soe amended doe pass 

It past in the afirmative 

Ordered that M"" Byerly doe Carie the said bill with the 
amendments to the house of Representatives for their Con- 
currance 

Ordered that M' Gordon doe acquaint the house of Repre- 
sentatives that by a Message from this board of the fourteenth 
of January that house were acquainted that this board did 
adhere to their amendments made to the bill for Speciall 
Jurys 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 507 

Thursday the 28'" January 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captain Generall and 
Gover' 

Hugh Huddy Elisha Parker 

Tho Gordon Esqr John Reading Esqr 

John Hamilton Thomas Byerly 

The bill Entituled an Act for erecting the upper parts of 
the Westerne Division of New Jersey into A County * Read 
the Second time and Committed to the Gentlemen of the 
Councill or any five of them 

A Message from the house of Representatives in these 
words 

Ordered that M^ Farmer M^ Kaighon M^ Sharp and M^ 
Hude & M' Masson be a Committy to Examine the accompt 
of the last expedition and acquaint the Councill therewith 
that if they please they may Joyne with the said Committy 
in the Examination aforesaid 

Ordered that the Gentlemen of the Councill or any five of 
them be A Committy to meet the Committy of the house of 
Representatives and that they meet at four of the Clock at 
the house of George Willis & that the Clerk of the Councill 
acquaint them therewith 

The Amendment made to the bill for Regulateing of fences 
by the house of Representatives Read and agreed to and the 
bill Soe amended ordered to be Engrossed 

Ordered that the Gierke of the Councill doe acquaint the 
house of Representatives with the Same 

On the Motion of Collonell Morris as agent to the West 
Jersey Society that the Bookes taken from the Proprietors 
office by ray Lord Cornburys order & put into the Secretarys 
office may be delivered unto him 

Ordered that the proprietors in and about the towne be 
acquainted that his Excellency has appointed Thursday next 

* Hunterdon county. See Revision of New Jersey, 200. 



508 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

to heare the Same at which time they may be heard if they 
please Coll Morris Esqr Reported from the Committy to 
whome the bill Entituled an Act for the Confirmation of a 
Pattent Granted by his Excellency Robert Hunter Esqr for 
the incorporation of the towne of Bergen that the Committy 
had Gone through the said bill and made Severall Amend- 
ments thereunto which he was directed to Report to this board 
when they would please to Receive the Same 

Ordered that the Report be made I mediately and the Said 
bill with the Amendments being Read Were agreed to by this 
board and the Said bill Soe amended being Read the third 
time And the Question being put whether the Said bill Soe 
amended doe pass 

It past in the afirmative 

Ordered that Coll Lewis Morris doe Carie the bill Soe 
amended to the house of Representatives for their Concur- 
rence 

A Message from the house of Representatives that that 
house doe agree to all the Amendments to the bill for Record- 
ing deeds & Conveyances of land in each County except the 
Second 

And the Question being put whether this house doe adhere 
or Receed from the said Amendment 

It was Caried Receed 

Ordered that M' Gordon doe acquaint the house of Rep- 
resentatives that this board doe Receed from the said 
Amendment 

The bill Entituled an Act to Naturalise Peter Bard native 
of france Read the first time and ordered a Second Reading 

The bill Entituled An Act for Enabling the owners of the 
Meadows adjoyneing to the lands of Sarah Mickle John 
Kaighan &" To Stop out the tide from overflowing them 
Read the first time and ordered a Second Reading 

The bill Entituled an Act for Reviveing and Continueing 
the Courts of Quarter Sessions & Common Pleas in the 
Oounty of Cape May Read the first time and ordered a Sec- 
ond Reading 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 509 

The bill to Enable Sarah Edwards &c to Sell a tract of 
land by and with the Consent of her present husband William 
Cutler Read the first time and ordered a Second Reading 



February the first 1713 

At A Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captain Generall & 
Gover' 

Lewis Morris Elisha Parker 

Hugh Huddy John Reading Esqr 

Tho Gordon Esqr Thomas Byerly 

John Hamilton 

The Petition of John Borrow Relateing to some prosecu- 
tions against him by M'' Willocks administrator to Charles 
Winder deceased praying Releife &c Read and Rejected 

John Borrow plantiff in Error 

vers 
John Summers at the demise of George Willocks adminis- 
trator of Charles Winder 
M' Gordon moveing for a Non Suit in this Cause on the 
transcript Not being Returned Ordered that the former Rule 
in this Cause be inlarged till this day Seavenight or to the 
next Councill day after the arivall of the Chief Justice in 
Case he comes to towne before that time 9*'' Feb : 1713 : Nott 
pros : Entered for want of Returning the transcript 

John Borrow pi in Error 

vers On the same motion 

Peter Von Elt defend* the like Rule 

9* Feb: 1713 : Non Pross Entered for want of Returning 
the transcript 



510 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

Effingham Towneley pi in Error 

vers 
Barclay Ejectment at the demise of John Rudyard 
On the Same motion the like Rule 

Volken plantiif in Error 

vers 
Summers in Ejectment at the demise of Willock administrator 
to Charles Windr : On the Same Motion 

the like Ruele 
O"' Feb: 1713 Non pros for want of Returning the tran- 
script 

Effingham Towneley PI : in Error. 

vers 
Denn on the demise of Rudiard On the Same Motion 

the like Rule 

9"* Feb 1713 Non pros for want of Returning the tran- 
script 

The bill Entituled An Act for the Reviveing and Continu- 
ing the Courts of Sessions and Common Pleas in the County 
of Cape May Read the Second time and Committed to the 
Gentlemen of the Councill or any five of them 

The bill Entituled an Act for the Enabling the owners of 
the Meadows Adjoyneing to the lands of Sarah Mickle John 
Dale John Kaighan to Stop out the tide from Overflowing 
them Read the Second time and Referred to the Gentlemen 
of the Councill or any five of them 

The bill Entituled an Act to Naturalize Peter Bard Native 
of france Read the Second time and Committed to the Gen- 
tlemen of the Councill or any five of them 

The bill Entituled An Act to Enable Sarah Edwards Ex- 
ecutrix and Widdow of Robert Edwards deceased to Sell a 
tract of land by & with the Consent of her present husband 
William Cutler Read the Second time and Committed to the 
Gentlemen of the Councill or any five of them and that the 
Said Committy have power to Send for persons papers and 
Records 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 511 

Tuesday the Second February 1713 

At a Council 1 held at Burlington Present 

His Excellency Robert Hunter Esqr Captain Generall &" 

Lewis Morris John Anderson 

George Deacon Elisha Parker 

Hugh Huddy Esqrs John Readiug Esqr 

Tho Gordon Thomas Byerley 
John Hamilton 

Thomas Hankinson Thomas. Jewell John Gubertson* and 
John Vaughan Jun"^ Were this day brought before this board 
according to a former order of this board & examined touch- 
ing the matters laid to their Charge and had their affidavitt 
of the witnesses Read to them and being heard what they 
had to Say for themselves and they offring Nothing in their 
owne defence but a denyall of the fact they were charged 
with 

Ordered that M"" Attorny Generall be directed to prosecute 
by due course of law the above named Thomas Jewell and 
John Yaughan Junior and that they be bound over to appeare 
at the Next Supreame Court & in the Meanetime to be of 
the Good behavior towards her Majesty &" 

And also that Thomas Hankinson and John Gubertson be 
bound to their Good behavior and to their appearance at the 
next Supreame Court and that they be delivered over to the 
Sheriff of the County of Burlington who Is Required and 
Commanded to keep them in Safe Custody untill they doe 
Give in Such Security in the Sum of one hundred pounds 
each principall and two Suretys with fivety pounds each for 
their good behavior & Appearance at the Next Supreame 
Court & to Awnswer to Such things as shall be alledged 
against them 

* Query : Lubbertson ? 



612 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

February 11* 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq'^ Captaine Generall 
and Govern' 

Lewis Morris Thomas Gordon 

George Deacon John Hamilton 

Hugh Huddy Esqrs John Reading Esqrs 

John Anderson Thomas Byerly 

M' Huddy Reported from the Committy to whome the 
bill Entituled an Act from [for] preventing abuses in Selling 
Strong drinke by Retaile that the Committy had Gone 
through the Said bill & made Severall Amendments there- 
unto which he was directed to Report to this board when 
they will please to Receive the Same 

Ordered that the Report be made Imediately 

And then the Severall amendments were Read and agreed 
to & the bill with the Amendments Read the third time and 
the question being put whether the bill Soe amended doe pass 
It past in the afirmative 

Ordered that Hugh Huddy Esqr doe Carie the Said bill 
Soe amended to the house of Representatives for their Con- 
currance 

John Reading Esq' Reported from the Committy to whome 
the bill Entituled An Act for erecting the upper parts of the 
Westerne division of New Jersey into a County that the 
Committy had Gone through the Said bill and made Severall 
amendments there unto he was directed to Report to this 
board when they will please to Receive the Same 

Ordered that the Request [Report] be made Imediately 

And the Amendments being Read were agreed to by this 
board And the bill Soe amended Read the third time & the 
Question being put whether the bill Soe amended doe pass 
It past in the afirmative 

Ordered that John Reading Esq doe Carie the bill with 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 513 

the Amendments to the house of Representatives for their 
Concurrance 

M"" Reading Reported from the Committy to whome the 
bill Entituled an Act for Enabling the owners of the Mead- 
ows adjoyneing to Sarah Mickle John Dole John Kaighan 
&c to Stop out the tide from overflowing them that the com- 
mitty had Gone through the Said bill and made Severall 
Amendments thereunto Which he was directed to Report to 
this board when they would please to Receive the Same 
Ordered that the Report be made Imediately 
And the Said Amendments being Read were agreed to and 
the bill Soe Amended Read the third time and the Question 
being put whether the Said bill Soe amended Doe pass itt past 
in the afirmative 

Ordered that M'^ 'Reading doe Carie the Said bill Soe 
amended to the house of Representatives for their Concurrance 
M"' Gordon Reported from the Committy to whome the bill 
for Naturaliseing Peter Bard* Native of France Was Refferred 
that the Commity had Gone through the Said bill and made 
Severall Amendments to the Same which he was directed to Re- 
port to this board when they would please to Receive the Same 
Ordered that the Report be made Imediately 
And the Said Amendments being Severaly Read were 
agreed to by this board And the bill Soe amended Read the 
third time and the Question being put whether the Said bill 
Soe amended doe pass 

It past in the afirmative 
Ordered that M"" Gordon doe Carie the bill Soe amended 
to the house of Representatives for their Concurrance 

Coll Anderson Reported from the Committy to whome the 
bill Entituled an Act for draineing the Meadows & Marshes 
adjoyneing to & on boath Sides of Manitou Creek that the 
Committy had Gone through the Said bill and made Severall 
Amendments to the Same which he was directed to Report to 
this board when they will please to Receive the Same 

♦ Peter Bard settled in Burlington about 1700. A full sketch of Bard and his 
descendants, by F. W. Earl, is given in Proceedings West Jersey Surveyors' Associa- 
tion, 104-114. In 1721 he was a member of the Council. 

33 



514 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

Ordered that the Report be made Imediately 

And the Amendments being Severally Read were agreed to 

by this board and the bill Soe amended Read the third time 

And the Question being put whether the bill Soe amended 

doe pass 

It past in the afirmative 

Ordered that Coll Anderson doe carie the bill Soe amended 
to the house of Representatives for their Concurrance 

Lewis Morris Esq" Reported from the Committy to whome 
the bill for Reviveing & Continueing the Courts of Quarter 
Sessions & Common Pleas for the County of Cape May was 
Reffered that the Committy had Gone through the Said bill 
and made Severall Amendments to the Same which he was 
directed to Report to this board when they would please to 
Receive the Same 

Ordered that the Report be made Imediately 

And the Severall amendments being Read and agreed to 
And the bill Soe amended Read the third time and the Ques- 
tion being put whether the Said bill Soe amended doe pass 
It past in the afirmative 

Ordered that Lewis Morris Esq doe Carie the Said bill 
Soe amended to the house of Representatives for their Con- 
currance 

M' Gordon Reported from the Committy to whome the 
bill for Regulateing Slaves was Reifered that the Committy 
had Gone through the Said bill & made Severall amendments 
thereunto which he was directed to Report to this board when 
they would please to Receive the Same 

Ordered that the Report be made Imediately 

And the Said amendments being Severaly Read were 
agreed to by this board And the bill Soe amended Read the 
third time and the Question being put whether the bill Soe 
amended be Read the third time 

It past in the Affirmative 

And the bill Soe amended being Read the third time and 
the Question being put whether the Said bill be Recommitted 
It past in the afirmative 

Ordered that the Said bill be Recommitted 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 515 

February the 12"^ 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq Captaine Generall <fe 
Gover' 

Lewis Morris John Anderson 

George Deacon John Hamilton 

Hugh Huddy Esqr John Reading Esq 

Thomas Gordon Tho : Byerly 

Lewis Morris Esqr Reported from the Committy of this 
board appointed to Meet a Committy of the house of Repre- 
sentatives on takeing and Examineing the Treasurers accompt 
of the Easterne and Westerne division of the late Expedition 
against Canada That they had met the Said Committy & had 
examined the Severall Accompts brought to them Vizt 

An Accompt of Mayor John Rudyards Company of Vol- 
lunteers who were on the Said Expedition against Canada 
Anno Dom 1711 amounting in all to the Sum of five hun- 
dred fourty'two pounds Seaventeen shillings and four pence 

And an Accompt of Captain Harrissons Company of Vol- 
lunteers who went in the Said Expedition against Canada 
Anno Dom 1711 amounting to the Sum of Six hundred & 
eight pounds Seaventeen shillings 

And M"" Gordons accompt of Charges and Expences laid 
out on the expedition against Canada amounting to the Sum 
of nine hundred twenty three pounds four shillings & five 

pence 

And M' Gordons Generall Accompt of the four thousand 
pounds for the Easterne division 

And an Accompt of M' Gordon for two hundred fivety two 
pounds & two pence halfe penny Received of Doctor Rob- 
erts &" 

And an Accompt of Isaack Pierson Administrator of the 
estate of Thomas Gardiner* treasurer to the Westerne division 
of moneys paid and disbursed by the Said Thomas Gardiner 

♦ Thomas Gardiner died in ni2.— Smith's Hist. N. J., Wl. 



516 NEW JERSEY COLONIAL, DOCUMENTS. [1713-14 

on accompt of the late expedition against Canada amounting 
to the Sum of nine hundred and ninety six pounds four 
Shillings and nine pence halfe penny and Compared them 
with their proper vouchers and found them to be just and 
Accordingly had Signed the Same 

And the said Accompts being Severaly Read were approved 
of by this board 

The Memoriall of Thomas Byerly Esq Complaineing of 
M' Reading M' Leeds the Councill of Proprietors <fe the 
Secretary being Read 

Ordered that all persons Concerned be Searved with Copies 
of the Said Memoriall and doe attend to Awnswer the Same 
to Morrow Seavenight 

The bill Entituled an Act to Enable the Executors of 
Miles Forster deceased to Sell lands for the payment of Debts 
and Legacies Read the first time and advised a Second Read- 
ing The bill for Settling the bounds between the Countys of 
Sommersett Middlesex and Monmoth Read the first time and 
Ordered a Second Reading 

The bill for enabling the owners of the Meadows and 
Marshes belonging to the towne of Salem to Stop out the 
tide from overflowing them Read the first time and ordered 
a Second Reading 

The bill for Enabling Thomas Lambert Principall Creditor 
of John Easton to Selle lands for the payment of Debts 
Read the first time and ordered a Second Reading 

The bill Entituled an Act for laying a duty on Negro 
Indian & MuUato Slaves imported and brought into this 
province Read the first time and ordered A Second Reading 

Coll Lewis Morris Reported from the Committy of this 
board Appointed appointed [sic] to Meet a Committy of the 
house of Representatives on An Amendment olFred to the En- 
grossed bill for building & Repaireing of Goales and Court- 
houses that they had met the said Committy and had agreed 
to the Amendment proposed by the adding these words (Such 
person or persons for neglecting or Refuseing) and the Ques- 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 617 

tion being put whether this board doe agree with the Com- 
mitty in the Said Amendment 

It past in the afirmative 
Ordered that the house of Representatives be acquainted 
with the Same by the Gierke of the Councill and also that 
this board have agreed to a further Conferrance desired on 
the Said Engrossed bill and have appointed to Meet at four 
of the Clock this afternoone at the house of George Willis 



February 13"" 1713 

At A Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Capt Gen^ & Gov' 

Lewis Morris John Anderson 

George Deacon Esqr Thomas Byerly Esqr 

Tho : Gordon 

The bill Entituled an Act for laying a duty on Negro 
Indian and Mulatto Slaves imported and brought into this 
province Read the Second time and Committed to the Gen- 
tlemen of the Councill or any five of them 

A Message from the house of Representatives by Coll 
Farmer and John Kaighan to acquaint this board that their 
house had passed an Act to enable Thomas Gordon Esq' 
treasurer of this province to pay by his Excellencys Warrants 
the sum of nine hundred eighty Seaven pounds Proclamation 
money 

And an Act for Confirmeing Conveyances of lands made 
and to be made by wills and powers of Attorney and the 
Exemplification of Deeds which they desire the Concurrance 
of this board 

A Message from the house of Representatives by M' Reid 
to acquaint this board that their house have agreed to all the 
Amendments made by this board to the bill to Naturalise 
Peter Bard Native of france except the first amendment 



518 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

And the Question being put whether this board doe ad- 
here or Receed 

It passed to Receed from the Said Amendment 

Ordered that the house of Representatives be acquainted 
that this board doe Receed from the Said Amendment & 
have ordered the bill to be Engrossed : A Message from the 
house of Representatives that they had agreed to all the 
Amendments made to the bill for Reviveing the Courts of 
Sessions and Common Please in the County of Cape May 
except the fifth & Seaventh which they doe not understand 

Ordered that the house of Representatives be acquainted 
that the Clerke of the Councill in the fifth Amendment by 
mistake used the word Or instead of the word All which Is 
now rectified and in the Seaventh Amendment had used the 
word And instead of the word In which Is also Rectified 

The bill to Enable Thomas Lambert one of the principall 
Credetors of John Easten to Sell lands for the payment of 
Debts Read the Second time and Committed to the Gentle- 
men of the Councill or any five of them 

The bill for Enabling the owners of the Meadows and 
Marshes belonging to the towne of Salem to Stop out the 
tide from overflowing of them Read the Second time and 
Committed to the Gentlemen of the Councill or any five 
of them 

The bill for Settling the bounds between the Countys of 
Somersett Middlesex and Monmouth Read the Second time 
and Committed to the Gentlemen of the Councill or any five 
of them 

The bill Entituled an Act to Enable the Executors of 
Miles Forster* late of Perth Amboy to sell lands for the pay- 
ment of debts and Legacies Read the Second time and Com- 
mitted to the Gentlemen of the Councill or any five of them 

The bill Entituled an Act for the better Explaining the 
Act for Assertaineing the Qualifications of Jurors being laid 
before this board and at the Same time a Message from the 
house of Representatives desireing to know what they have 
done with the Said bills 

*Foi a sketch of Forster, see Whitehead's Perth Amboy, 46. 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 519 

And this board haveing inquired and findeing no Such Act 
with that title that Is passed have thought fitt to Returne the 
Said bill soe Entituled an Act for the better Explaineing the 
Act for Assertaineing the Qualifications of Jurors to the 
house of Representatives 

The Act to Enable Thomas Gordon Esqr treasurer of this 
province to pay by his Excellencys Warrants the Sum of nine 
hundred eighty Seaven pounds ten shillings proclamation 
money Read the first time and ordered a Second Reading 

The bill Entituled An Act for Confirmeing of Conveyances 
of Land made and to be made by wills and powers of Attorny 
and for exemplification of deeds Read the first time and Or- 
dered a Second Reading 

M"" Gordon Reported from the Committy of this board 
Appointed to meet a Committy of the house of Representa- 
tives on the Engrosed bill for Rep3,ireing of Goales and 
Court houses that the Committy had met the Committy of 
this board and on Conferance had agreed that these words 
should be incerted in the bill 

Neare the dutch Church by Hackinsack River* and the 
question being put whether this board doe agree with the 
Committy in the Same 

It passed in the afirmative 

Ordered that M' Gordon acquaint the house with the 
Same 

Wensday the 17"^ February 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq Captain Gener & Gover*" 

Lewis Morris Elisha Parker 

Tho Gordon John Reading Esqr 

John Anderson Esq Thomas Byerly 

John Hamilton 

The bill Entituled an Act to Enable Thomas Gordon Esqr 
treasurer of this province to pay moneys &" Read the Second 

*Thus fixing the location of the court- house and jail of Bergen county. 



520 NEW JERSEY COLONIA.L DOCUMENTS. [1713-14 

time and Committed to the Gentlemen of the Councill or any 
five of them 

The Act for Confirmeing Conveyances of land made and to 
be made by Wills and powers of Attorney &" Read the Second 
time and Committed to the Gentlemen of the Councill or any 
five of them 

Coll Anderson Reported from the Committy to whome the 
bill Entituled an Act for Setting the bounds betwixt the 
Countys of Sommersett Middlesex and Monmoth that they 
had Gone through the Same and were directed to Report the 
Said bill without any Amendments 

And the said [bill] being Read the third time and the 
Question being putt whether the Said bill doe pass 
It past in the afirmative 

Ordered that the Said bill be Engrossed 

M"" Gordon Reported from the Committy to whome the 
bill for Regulateing Slaves was Referred that they had Gone 
through the said bill and made Severall Amendments to the 
Said bill which he was directed to Report to this board 

And the Said amendments being Read were agreed to and 
the bill so Amended being Read the third time and the Ques- 
tion being put whether the bill So amended doe pass 
It past in the afirmative 

Ordered that IVP Gordon doe Carie the Said bill Soe 
amended to the house of Representatives for their Concur- 
rauce 

Coll Hamilton Reported from the Committy to whome the 
bill for laying A duty on Negro Indian and Mullatto Slaves 
imported & brought into this province Was Reifered that 
the Committy had Gone through the Said bill and made 
Several Amendments thereunto which he was directed to 
Report to this board when they would please to Receive the 
Same 

Ordered that the Report be made Imediately 

And the Said Amendments being Severaly Read were 
agreed to by this board 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 521 

And the bill Soe amended Read the third time & the 
Question being put whether the bill Soe amended doe pass 
It past in the afirmative 

Ordered that Coll Hamilton doe Carie the bill Soe amended 
to the house of Representatives for their Concurrance 

An Act for Confirmation of Letters of Administration 
Granted & to be Granted in this province Read the first time 
and ordered a Second Reading 

Fry day the 19''' February 1713 

At a Councill held at Burlington Present 

•His Excellency Robert Hunter Esqr Captain Generall & 
Gover'' 

George Deacon Elisha Parker 

Hugh Huddy John Reading Esqr 

Tho Gordon Esqr Tho Byerly 

John Hamilton 

The bill Entituled An Act for Confirmeing Letters of 
Administration Granted and to be Granted within this pro- 
vince read the Second time and Committed to the Gentlemen 
of the Councill or any five of them 

M' Byerly Reported from the Committy to whome the 
bill Entituled an Act to Enable Thomas Gordon Esqr treas- 
urer of this province to pay by his Excellencys warrants the 
Sum of nine hundred eighty Seaven pounds ten shillings 
proclamation money for Support of her Majestys Govern- 
ment from the twenty third day of June one thousand Seaven 
hundred and twelve to the twenty third day of September 
one thousand Seaven hundred thirteen that the Committy 
had Gone through the said bill and made Severall Amend- 
ments thereto which he was directed to Report to this board 
when they will please to Receive the Same 

Ordered that the Report be made Imediately And the said 
Amendments being Severaly Read were agreed to by this 



522 NEW JEESEY COLONIAL DOCUMENTS. [1713-14 

board and the bill Soe amended Read the third time and the 
Question being put whether the Said bill Soe amended doe 
pass 

It past in the afirmative 
Ordered that M"" Byerly doe Carie the bill Soe amended to 
the house of Representatives for their Concurrance 



Saterday the 20''' February 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captain Generall & 
Gov^ 

Lewis Morris John Anderson 

George Deacon Esqr John Reading 

Hugh Huddy Elisha Parker Esqr 

John Hamilton Thomas Byerly 

The Gentlemen of the Councill of Proprietors Attended 
according to order and hot being prepared to Give in their 
awnswers according to the former order 

Ordered that the Gentlemen of the Councill of Proprie- 
tors and All others Mentioned in the Memoriall of Thomas 
Byerly Esq doe give in their Respective and direct Awnsswers 
On Moonday next to the perticuler Questions and Charges in 
the Said Memoriall 

A Message from the house of Representatives by Coll 
Farmer and M"" Kaighan to acquaint this board that the 
house have agreed to all their amendments made by this 
board to the bill for Regulateing Slaves and had made 
severall amendments to the fifth Amendment to which they 
desire the Concurrance of this board 

And also to the bill Entituled an Act for laying a duty 
on Negro and other Slaves with an amendment made to the 
Amendments made by this board Except the third Amend- 
ment to which they disagree and have made an Amendment 
to the Last amendment to which they desire the Concurrance 
of this board 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 523 

And that the house had agreed to all the Amendments 
made by this board to the bill Entituled an Act to Enable 
Thomas Gordon Esqr treasurer of this province to pay 
moneys &° 

Coll Hamilton Reported from the Committy to whome 
the bill for Enabling Sarah Edwards Executrix of Robert 
Edwards to Sell land by and with the Consent of her present 
husband William Cutler 

That the Committy had Gone through the Said bill and 
made Severall amendments thereto which he was directed to 
Report to this board when they would please to Receive the 
Same 

Ordered that the Report be made Imediately 

And the Said Amendments being Severaly Read were 
agreed to by this board And the bill with the Amendments 
Read the third time and the Question being put whether the 
bill soe Amended doe pass it past in the afirmative 

Ordered that M"^ Gordon doe Carie the bill Soe amended to 
the house of Representatives for their Concurrance 

Ordered that Coll Morris doe acquaint the house of 
Representatives that this board doe agree to the Amend- 
ments made by the house to the bill for laying a duty on 
Negro Indian and Mullatto Slaves with other amendments 
to which they desire the Concurrance of that house and that 
this board doe insist on their third Amendment made by this 
board to the Said bill 

M"" Gordon Moved that he might have leave to bring in A 
bill to amend the bill Entituled an Act to Regulate the pur- 
chasing of lands from the Indians 

Ordered that leave be Given to bringe in a bill According 
to the prayer of the said Petission 

The bill Entituled An Act for Rendring more efectuall an 
Act Made by the Generall Assembly of this Province En- 
tituled an Act for Regulateing the purchaseing of lands from 
the Indians Read the first time and Ordered a Second 
Reading 



624 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

Moonday the 22'' February 1713 

At A Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captaine Generall 
& Gover"" 

Lewis Morris John Hamilton 

George Deacon Esqr John Anderson Esqr 

Hugh Huddy Elisha Parker 

Tho Gordon 

The Gentlemen Called the Councill of Proprietors ap- 
peared according to order and gave in writing an Awnswer 
to M' Byerlys Memoriall which was Read at this board M' 
Leeds Delivered in his Awnswer which was read and the 
Evidences called against him who appeared but M' Leeds 
Not haveing his bookes 

Ordered that they Attend againe to Morrow Morning 
Jeremiah Bass Secretary of this province delivered in writ- 
ing an awnswer to the Charges against him in M' Byerlys 
Memoriall which was Read at this board 

The Amendments made by the house of Representatives 
to the bill for Regulateing of Slaves Read and the first 
Second and third agreed to the fourth Receeded from the 
fifth amendment agreed to and the Last Amendment agreed to 

Ordered that M' Gordon doe Give the house of Repre- 
sentatives Notice that this board had agreed to all the 
amendments made and ordered the bill to be Engrost 

Tuesday the 23'^ of February 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captain Generall 
& Gover*^ 

Lewis Morris John Anderson 

George Deacon John Reading 

Tho Gordon Esqr Elisha Parker Esqrs 

John Hamilton Thomas Byerly 



1713-14] JOUBNAL OF GOVERNOR AND COUNCIL. 525 

Daniel Leeds appeared According to order & brought in 
A book of Coppies of Surveys of Simon Charles Deceased 
and the witnesses against him appeared Viz Nathaniell Crips 
and Some Surveys being looked into it appeared that the 
Said Leeds had altered two Surveys said to be made by 
Simon Charles deceased and it being complained of that 
the Said Leeds had another book of Surveys which he had 
not brought Ordered that the Said Leeds doe bring the other 
booke of Surveys to Morrow morning and that in the meane 
time the booke that the Said Leeds has brought be left in 
the Secretarys office* John Gosling sworne and one of the 
Surveys Read to him he declared that he Saw the Said Sur- 
vey before the interlineation and that afterwards a differance 
hapning he had ocasion to Search the booke againe & found 
an Interlineation and an Alteration of 29 to 36 chain 

Ordered that the further Consideration of this Matter be 
adjorned till tomorrow three of the Clock in the afternoone 
at which time all persons Concerned are to attend 

The bill Entituled an Act for rendring more efectuall an 
Act made by the Generall Assembly of this province Enti- 
tuled an Act for Regulating the purchaseing of lands from 
the Indians Read the Second time and Committed to the 
Gentlemen of the Councill or any five of them 

Wensday the 24*"^ February 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq'' Captain Generall & 
Gove' 

Lewis Morris John Anderson 

George Deacon Elisha Parker 

Hugh Huddy Esqr John Reading Esqr 

Tho Gordon Thomas Byerly 

John Hamilton M' Leeds 



• " Leeds' Book," the work of the Surveyor General, 1679-1709, is at Burlington. 



626 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

M"" Leeds according to order Attended and the witnesses 
against him and produced a Paper which was Read and an 
affidavit of Thomas Brian & John Woolstone & William 
Petty Read and the Said Bryan and Petty having taken their 
Sollemn affirmation acknowledged the Substance of the affi- 
davits then delivered In and Read 

John Gosling heard against M"" Leeds an accompt of 
Thomas Bryan about a Survey of one Reves 

Isaack De Cow heard against M"" Leeds as Attorney for 
the Lady Rhoads* 

and Severall of the Matters Complained of Reffering to 
other bookes that M"^ Leeds was ordered to bringe he was 
asked whether he had brought his bookes The Said Leeds 
Replyed when his Excellency delivers the other book He 
brought in yesterday he would deliver the rest of the bookes 
as they Called them otherwise he was advised by his friends 
not to deliver them & he would not deliver them 

On the heareing of this matter that M' Leeds may be 
under No Surprise his Excellency was pleased to Give him 
him \_sic] till to Morrow morning to produce the books and 
papers at which time he is Commanded to bring in boath the 
bookes and papers desired 

Thursday the 25"^ February 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captaine Generall & 
Gover' 

George Deacon Elisha Parker 

Tho Gordon Esqr Thomas Byerly Esqr 

John Anderson 

A Letter from M' Leeds to the Secretary excuseing his not 
comeing by Reason of Sickness produced & Read 

The bill Entituled An Act to Settle the Militia of this 
province Read the first time and ordered a Second Reading 

* Lands were located for Lady Rhoads and others at Pemberton, in 1693, by Daniel 
Leeds, then Deputy Survejoi.— Proceedings West Jersey Surveyor's Association, SO. 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 527 

M" Gordon desired leave to bringe in a bill to Regulate 
white Servants Which was Read the first time and ordered a 
Second Reading 

Ordered that this board doe Agree to A ConiFerance with 
A Committy of the house of Representatives at Six of the 
Clock in the afternooue at the house of George Willis on the 
bill for laying A duty on Slaves 

And on the ordinance for Regulateing of fees 

The bill for Naturaliseing Stephen Chalmash and Peter 
Romier* Read the first time and ordered a Second Reading 



Fryday the 26''' of February 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captaine General 1 
AGov'- 

Lewis Morris John Anderson 

George Deacon John Reading 

Hugh Huddy Esqr Elisha Parker Esqrs 

Tho Gordon Thomas Byerly 
John Hamilton 

A Letter from M' I^eeds being Read ordered that the Con- 
sideration of the Said Letter and of all other matters & 
Papers Relateing to him be Reffered to a Committy of this 
board 

The Act for Setling the Militia of this Province Read the 
Second time and Committed to the Gentlemen of the Councill 
or any five of them 

The Act for Naturaliseing Stephen Chalinash* and Peter 
Pomeer Natives of france Read the Second time and Com- 
mitted to the Gentlemen of the Councill or any five of them 

The Act for Regulateing of white Servants Read the 
Second time and Committed to the Gentlemen of the Councill 
or any five of them 

* The act as published in Allinson's Laws (1776, p. 34), gives the names as Stephen 
Chalmes and Peter Romuer. 



528 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

A Message to the house of Representatives by the Sec- 
retary to desire them to Attend his Excellency in Councill 
imediately 

And the Speaker with the house attending his Excellency 
passed the following bills Vizt 

An Act to Enable Thomas Gordon Esqr treasurer of this 
province to pay the Sum of nine hundred ninety nine pounds 
thirteen shillings & three pence towards the Suport of the 
Government and for dischargeing the treasurer thereof 

And an Act for raiseing money for building and Repaire- 
ing of Goales and Court houses 



Tuesday the 2^ March 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captain Gen^ & Gover"" 

Lewis Morris Elisha Parker 

George Deacon John Reading Esqrs 

Hugh Huddy Esq Tho : Byerly 
Tho Gordon 

His Excellency Signed the following warrants in Councill 

£ 

One to his Excellency for 625 00 00 Pro money 

One More to his Excellency for 125 : 00 00 

One to David Jamisson Ch Jus- 
tice for 

One to Thomas Farmer Second 
Judge for 

One to Jeremiah Bass Cle of the 
Councill for 

One to Allex Griffith Attorney 
Generall 

One to Thomas Gordon for ... . 

One to Doc John Roberts .... 



125: 


00 


00 


50: 


00 


00 


43: 


15 


00 


18: 


15 


00 


10: 


3 


03 


2: 





00 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 529 

Coll Morris Keported from the Committy to whome the 
bill Entitled An Act for Confireming of Conveyances of lands 
Made and to be made by powers of Attorney &° and for 
Exemplification of Deeds that they had Gone through the 
Said bill 

And made Severall Amendments to the Said bill which he 
was directed to Report to this board when they will please to 
Receive the Same 

Ordered that the Report be made Imediately 

And the Said Amendments being Severaly Read were 
agreed to by this board 

And the Said bill with the Amendments Read the third 
time and the Question being put whether the bill Soe 
amended doe pass 

It past in the afirmative 

Ordered that Lewis Morris Esqr doe Carie the bill Soe 
amended to the house of Representatives for their Concur- 
rance 

Coll Huddy Reported from the Committy to whome the 
bill Entituled An Act for Enabling the owners of the 
Meadows & Marshes belonging to the towne of Salem to 
Stop out the tide from overflowing of them that the Com- 
mitty had made Severall Amendments thereunto which he 
was directed to Report to this board when they would please 
to Receive the Same 

Ordered that the Report be made Imediately 

And the Severall amendments being Read were agreed to 

by this board and the Said bill being Read the third time and 

the Question being put Whether the Said bill Soe amended 

doe pass 

It past iu the afirmative 

Ordered that Coll Huddy doe Carie the bill Soe amended 
to the house of Representatives for their Concurrance 

Thomas Gordon Esqr Reported from the Committy to 
whome the bill Eutituled An Act for Settling the Militia of 
this province was Reffered that the Committy had Gone 
through the Said bill and made Severall amendments there- 

34 



530 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

unto which he was directed to Report to this board when they 
will please to Receive the Same 

Ordered that the Report be made Imediately 

And the Said amendments being Read were agreed to and 
the bill Soe amended Read the third time <& the question 
being put whether the Said bill Soe amended doe pass 
It past in the afirmative 

Ordered that the bill Soe amended be Engrost and Caried 
to the house of Representatives for their Concurrance and that 
M' Gordon doe Carie the Same 

Coll Parker Reported from the Committy to whome the 
bill Entituled An Act for Supressing Imorality was Reffered 
that the Committy had Gone through the Said bill and made 
Severall Amendments thereto which he was directed to Report 
to this board when they will please to Receive the Same 

Ordered that the Report be made Imediately 

And the Severall Amendments being Read were agreed to 
by this board and the bill Soe amended being Read the third 
time and the Question being put whether the bill Soe 
Amended doe pass 

It past in the afirmative 

Ordered that Coll Parker doe Carie the Same to the house 
of Representatives for their Concurrance 

M' Gordon Reported from the Committy to whome the 
bill Entituled an Act for Regulateing of white Servants was 
Refered that the Committy had Gone through the Said bill 
and Made Severall amendments thereunto which he was 
directed to Report to this board when they will please to 
Receive the Same 

Ordered that the Report be made Imediately 

And the Severall Amendments being Read were agreed to 
And the bill Soe amended Read the third time and the Ques- 
tion being put whether the bill Soe amended doe pass 
It past in the afirmative 

Ordered that the bill Soe amended be Engrost and Caried 
to the house of Representatives for their Concurrance and 
that M' Gordon doe Carie the Same 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 531 

Coll Parker Reported from the Committy to whome the 
bill for ConfirmeiDg Letters of Administration Granted and 
to be granted within this Province that the Committy had 
Gone through the Said bill and made Severall amendments 
thereto which he was directed to Report to this board when 
they please to Receive the Same 

Ordered that the Report be made Imediately 

And the Amendments being Severaly Read were agreed 
to by this board and the Bill Soe amended Read the third 
time and the Question being put whether the bill Soe 
amended doe pass 

It past in the afirmative 

Ordered that Coll Parker doe Carie the bill Soe amended 
to the house of Representatives for their Concurrance 

M"^ Byerly Reported from the Committy to whome the bill 
to enable the Executors of Miles Forster to Sell lands to pay 
debts and Legacies that the Committy had Gone through the 
Said bill and Made Severall Amendments thereto which he 
was directed to Report to this board when they will please to 
Receive the Same 

Ordered that the Report be made Imediately 

And the Severall Amendments being Read Were agreed to 
by this board and the bill Soe amended Read the third time 
and the Question being put whether the bill Soe amended 
doe pass 

It past in the afirmative 

Ordered that M"" Byerly doe Carie the said bill Soe 
amended to the house of Representatives for their Concurrance 

M"^ Reading Reported from the Committy to whome the 
bill for Enabling Thomas Lambert prinsipall Creditor of 
John Easton deceased to Sell lands that the Committy had 
Gone through the Said bill and made Severall Amendments 
thereunto which he was directed to Report to this board when 
they will please to Receive the Same 

Ordered that the Report be made Imediately 

And the Amendments being Severally Read Were agreed 
to by this board And the bill Soe amended Read the third 



532 NEW JEESEY COLONIAL DOCUMENTS. [1713-14 

time and the Question being put whether the bill Soe 
amended doe pass 

It past in the afirmative 

Ordered that M"^ Reading doe Carie the Said bill Soe 
amended to the house of Representatives for their Concurrance 

M' Reading Reported from the Committy to whome the 
bill for Naturaliseing of Stephen Chalmash and Peter Pomer 
Natives of france was Reffered that the Committy had Gone 
through the Said bill and made Several Amendments there- 
unto which he was directed to Report to this board when 
they would please to Receive the Same 

Ordered that the Report be made Imediately 

And the Several Amendments being Read were agreed to 
And the bill Soe amended Read the third time and the ques- 
tion being putt whether the bill Soe amended doe pass 
It past in the aiirmative 

Ordered that M"" Reading doe Carie the Said bill to the 
house of Representatives for their Concurrance 

Coll Morris Reported from the Committy Appointed to 
meet A Committy of the house of Representatives on the 
Amendments made to the bill for laying a duty on Slaves 
imported into this province that they had agreed to Severall 
Amendments made to the Said bill which being Read were 
Agreed to by this board & the bill with the Amendments 
Ordered to be Engrossed 

Ordered that Coll Morris doe acquaint the house of Repre- 
sentatives that this board had agreed to the Amendments 
made on the Said Conferrance and ordered the Said bill to be 
engrost M' Gordon desired leave to bring in a bill Entituled 
an Act declareing what deeds shall be accepted in Evidence 
to prove the Chaine of Conveyances from the Crown of 
England to the Proprietors and Leave being Given to bring 
in the Said bill 

The Said bill Entituled An Act declareing what deeds 
Shall be accepted in evidence to prove the Chaine of Con- 
veyances from the Crowne of England Read the first time 
and Ordered a Second Reading 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 533 

Thursday the fourth of March 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captaine Gener^ & 
Gover"^ 

Lewis Morris John Hamilton 

George Deacon Esqr Elisha Parker Esqr 

Tho Gordon Thomas Byerly 

A Message from the house of Representatives by M' Reid 
to acquaint this board that the house had agreed to the 
amendments made to the bill for Confirmeing of Conveyances 
of lands made and to be made by wills and powers of At- 
torny with amendments made by the house upon their amend- 
ments to which they desire the Concurrance of this board 

And that they have agreed to the Amendments made by 
this board to the following bills and ordered them to be 

Engrost vizt 

An Act for Confirmeing of Letters of Administration 
granted and to be Granted in this province 

An Act to Naturalise Stephen Chalinash and Peter Bard 

Natives of france 

An Act to Enable Thomas Lambert Administrator of the 
estate of John Easton to Sell lands 

An Act to Enable the Executors of Miles Forster to Sell 
lands to pay debts and Legacies 

The Amendments made by the house of Representatives 
to the Amendments to the Amendments made by this 
board to the bill for Confirmeing of Conveyances of lands 
made by Will & powers of Attorney Read and were agreed 
to by this board & they have ordered the Said bill to be 

Engrost 

Ordered that Coll Morris doe acquaint the house of Repre- 
sentatives therewith 

Coll Hamilton Reported from the Committy to whome 
the bill Entituled An Act for Rendring more efectuall an 



634 NEW JERSEY CX)LONIAL DOCUMENTS. [1713-14 

Act for RegulateiDg purchaseing of lands from the Indians 
that the Coramitty had Gone [through] the Said bill and made 
Severall Amendments thereto which he was directed to Report 
to this board when they will please to Receive the same 

Ordered that the Report be made Imediately 

And the Said Amendments being Severaly Read were 
agreed to by this board And the bill Soe amended Read the 
third time and the Question being put whether the Said bill 
Soe amended doe pass 

It past in the afirmative 

Ordered that the said bill be fairely Engrost and Sent to 
the house of Representatives for their Concurrance and that 
Coll Hamilton doe Carie the Same 

The bill Entituled an Act declareing what deeds and Con- 
veyances of land shall be accepted in Evidence to prove the 
Chaine of Conveyances from the crowne of England Read 
the Second time and Committed to the Gentlemen of the 
Councill or any five of them 

The bill Entituled an Act to prevent the Wast of Timber 
Pine Ceder trees and Poles within this Province Read the 
first time and Ordered a Second Reading 

On the Motion of M'^ Gordon that the booke of the Records 
of the Easterne division of this Province be put into his 
hands as the Proprietors Recorder 

Ordered that all books Papers and Records belonging to 
the Proprietors before the Surrender of the Government to 
the Crowne be put into the hands of M' Gordon as proprie- 
tors Recorder he Giveing one thousand pounds Security for 
the due keeping of the Same and takeing the oaths &" 

Ordered that the Committy to whome the Papers of M"^ 
Leeds are Refered have power to Send for persons papers & 
Records 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 535 

Friday the fifth of March 1713 

At A Councill held at Burlington Present 

His Excellency Robert Hunter Esq' Captaine Generall & 
Governor 

Lewis Morris John Hamilton 

George Deacon Elisha Parker Esqr 

Hugh Huddy Esq Tho Byerly 
Thomas Gordon 

M"^ Peter Bard tooke the oaths appointed to be taken in the 
Stead of the oaths of Alledgiance and Supremacy & Signed 
& tooke the oaths of Abjuration & the test in order to his 
being Naturalized 

Coll Morris Reported the agreement of the Committy of 
this board with a Committy of the house of Representatives 
on a Table of fees and the Said tables of fees being Read 

Ordered that Thomas Gordon Esq doe draw up an ordi- 
nance for the Establishing the Said table of fees 

The bill Entituled an Act for preventing the wast of timber 
Pine and Ceader trees and Poles within this province of New 
Jersey Read the Second time and Committed to the Gentlemen 
of the Councill or any five of them 

A Message from the house of Representatives by Doctor 
Johnston and M' Wheler that the house had made Some 
amendments to the bill Sent downe from this board Entituled 
an Act for the Regulateing of White Servants to which they 
desire the Concurrance of this board and the Said amend- 
ments being Severaly Read this board doe "^'^agree to the first 
amendment and agree to the Rest 

Ordered that M' Gordon doe acquaint the house with the 
Same The bill Entituled an Act to lay a duty upon Wheat 
&' exported out of the Easterne division of this province ta 
any of her Majestys Colonys on the Continent of America 
Read the first time & ordered a Second Reading 

The bill Entituled an Act to Continue and Revive the 



536 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

Currency of Bills of Credit Appointed to be Sunck in the 
yeare one thousand Seaven hundred & twelve and one 
thousand Seaven hundred & thirteen Read the first time and 
ordered A Second Reading 



Saterday the sixth of March 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq Captain Generall 
and Gover"" 

Lewis Morris John Hamilton 

George Deacon Esq Elisha Parker Esq 

Tho Gordon Tho Byerly 

A Message from the house of Representatives in these 
words * 

Ordered that M"" Schuyler doe acquaint this board that the 
house doe Receed from their first amendment to the bill for 
Regulateing of white Servants and have ordered the Same 
to be Engrost in Parchment 

The bill Entituled An Act to lay a duty upon wheat &" 
Exported out of the Easterne division of this province to 
any of her Majestys Collonies on the Continent of America 
Read the Second time and Committed to the Gentlemen of 
the Councill or any five of them 

The bill Entituled an Act to Continue and Revive the 
Currency of Bills of Creditt appointed to be Sunck in the 
Yeares one thousand Seaven hundred & twelve and One 
thousand Seaven hundred & thirteen Read the Second time 
and Committed to the Gentlemen of the Councill or Any five 
of them 

M' Gordon Reported from the Committy to whome the 
bill Entituled an Act declareing what deeds Shall be accepted 
in Evidence to prove the Chaine of Conveyances from the 
Crowne of England &° that the Committy had Mett and 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 537 

Gone through the Said bill and made Severall amendments 
thereunto which he was directed to Report to this board 
when they would please to Receive the Same 

Ordered that the Report be made Imediately and the Said 
Amendments Read and agreed to and the bill Soe amended 
Read the third time and the Question being put whether the 
bill Soe amended be Recommitted 

It past in the afirmative 

Ordered that the said bill be Recommitted 

M" Gordon Reported from the Committy to whome the 
bill Entituled an Act for preventing the wast of timber Pine 
and Ceder trees was Reffered that the Committy had met and 
Gone through the Said bill and made Severall amendments 
thereunto which he was directed to Report to this board when 
they will please to Receive the Same 

Ordered that the Report be made Imediately 

And the Said Amendments being Severally Read were 
agreed to by this board and the bill Soe amended Read the 
third time and the Question being put whether the bill Soe 
amended doe pass 

It past in the afirmative 

Ordered that M' Gordon doe Carie the Same to the house 
of Representatives for their Concurrance 

Coll Hamilton Reported from the Committy to whome the 
bill Entituled an Act for laying a duty on Wheat &" exported 
out of the Easterne division of this province that the Com- 
mitty had Gone through the Said bill and had made Severall 
Amendments to the Said bill which he was directed to Report 
to this board when they will please to Receive the Same 

Ordered that the Report be made Imediately 

And the Severall Amendments being Read were agreed to 
by this board and the bill Soe amended being Read the third 
time and the Question being put whether the Said bill Soe 
amended doe pass 

It past in the afirmative 

Ordered that Coll Hamilton doe Carie the Said bill to the 
house of Representatives for their Concurrance 



538 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

M' Byerly Reported from the Committy to whome the bill 
Entituled an Act to Revive the Currency of Bills of Credit 
appointed to be Sunke in the Yeares one thousand twelve 
[seven] hundred & twelve and one thousand Seaven hundred 
& thirteen That the Committy had Gone through the Said 
bill and made An Amendment to the Same which he was 
directed to Report to this board when they will please to 
Receive the Same 

Ordered that the Report be made I mediately 

And the Said Amendment being Read this board doe agree 
to the Same and the Said bill Soe amended Read the third 
time and the Question being put whither the bill Soe amended 
doe pass It past in the afirmative 

Ordered that M"" Byerly doe Carie the bill Soe amended to 
the house of Representatives for their Concurrance 

Moonday the 8'^ March 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captaine Gen^ &" 

Lewis Morris John Hamilton 

George Deacon Esq Elisha Parker Esqrs 

Hugh Huddy Thomas Byerly 
Thomas Gordon 

M^ Gordon Reported that he had drawne up an ordinence 
for the establishing of fees within this province which was 
Read approved of and Ordered to be Engrosed 

A Message from the house of Representatives in these 
words This house doe agree to all the Amendments made by 
this board to the bill Entituled an Act to lay a duty on Wheat 
Exported out of the Easterne division of this province except 
the first and third amendments and the Said amendments 
being Severaly Read this board doe Receed from their amend- 
ments and have ordered the bill to be engrossed Ordered that 
M^ Hamilton doe acquaint the house therewith 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 539 

The bill for Selling the Militia of this Province Sent up 
by the house of Representatives with Severall Amendments 
which were Severaly Read and agreed to by this board and 
the bill Soe amended Ordered to be Engrost 

Ordered that M' Gordon doe acquaint the house of Repre- 
sentatives therewith : 

M'^ Gordon Reported from the Committy to whome the bill 
Entituled an Act declareing what deeds Shall be Accepted in 
Evidence to prove the Chaine of Conveyances from the 
Crowne of E!ngland &" that they had Gone through the Said 
bill & made Severall Amendments thereunto which he was 
directed to Report to this board when they would please to 
Receive the Same. 

Ordered that the Report be made Imediately 

And the Severall Amendments being Read were agreed 

to by this board & the bill Soe amended being Read the third 

time and the Question being put whether the Said bill Doe 

pass 

It past in the afirmative 

Ordered that M' Gordon doe Carie the Same to the house 

of Representatives for their Concurrance 



Wensday the 10*'' March 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captain Gener' &* 

Lewis Morris John Reading 

George Deacon Esqr Elisha Parker Esqr 

Hugh Huddy Thomas Byerly 

Tho Gordon 

A Message from the house of Representatives in these 
words That the house had agreed to all the Amendments 
made by this board except the last Instead of which they 
have Added an amendment 



540 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

Which being Read was agreed to by this board & the bill 
Soe amended Ordered to be Engrost ^ 

Ordered that M"^ Gordon acquaint the house therewith the 
ordinance for the Establishing of fees Engrost & passed and 
Signed and Sealed by his Excellency and Sent downe to the 
house of Representatives 

Ordered that an Ordinance be prepared for the establishing 
of Courts of Judicature in the County of Hunterdone & that 
an Ordinance be prepared for the establishing of two Supreame 
Courts in Each division of this province every Yeare and 
that M'' Gordon be desired to prepare the Same 



P Merid Ejus Diei 

Thursday the 11'^ March 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq Captaiue Generall and 
Governor 

Lewis Morris John Hamilton 

George Deacon John Reading Esqr 

Hugh Huddy Esqr Thomas Byerly 
Tho Gordon 

Ordered that the Secretary doe acquaint the house of Repre- 
sentatives that his Excellency desires that house to attend 
him in Councill Imediately 

A Message from the house of Representatives by M' Fret- 
well and M'' Reid to acquaint this board that the house doe 
nott agree to the amendments made by this board to the bill 
for laying mending & Repairing of high Wayes and desire 
that the Councill would be pleased to pass the Said bill with- 
out any amendments 

And that the house had passed a bill to Enable Cartaine 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 541 

trustees to Sell and dispose of a Small Estate in the County 
of Burlington to which they desire the Concurrance of this 
board 

And to a bill for establishing a ferry betwixt Burlington 
and Bristoll to which the [they] desire the Concurrance of 
this board 

M' Gordon according to order brought in an Ordinance for 
establishing of Courts within this Province which was Read * 

The Speaker of the house of Representatives Attending 
with the house his Excellency gave his assent to the follow- 
ing bills 

An Act to Continue and Revive the Currency of bills of 
Creditt 

An Act to Settle the Militia 

An Act to lay a duty on wheat &" exported out of the 
Easterne division of this province 

An Act for Asertaineing the Qualifications of Jurors 

An Act for laying a duty on Negro Indian and Mullato 
Slaves imported into this Province 

An Act for Regulateing of Slaves 

An Act that the Sollemn afirmation and declaration of the 
people Called Quakers Shall be accepted and taken instead of 
an Oath in the usuall forme &" 

An Act for erecting the upper parts of the Westerne 
division into a County 

An Act for Regulateing of white Servants 

An Act for Shortning law Suites and Regulateing the 
practise of the Law 

An Act to prevent Malitious prosecutions by Informations 

An Act to prevent Corruption in the Courts of Justice 

An Act to Naturalize Peter Bard native of france 

An Act to prevent the Wast of Timber Pine and Ceder trees 

*It is printed in Field's Provincial Courts of New Jersey, 263. 



542 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

Fryday the 12"^ March 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captain Generall &' 

Lewis Morris The Gordon 

George Deacon Esqr John Reading Esq 

Hugh Huddy Thomas Byerly 

John Hamilton 

The Petision of M"^ Willocks desireing A Patent for Lands 
Escheated to her Majesty formerly belonging to M"" Arent 
and Peter Sonmans Aliens borne being Read in which he 
Sets forth that M"^ Attorney Generall had Neglected his duty 
& declined doeing any Service at the inquisitions taken against 
the said Sonmans & had Refused though feed by him to 
Attend at Some of the said inquisitions on behalfe of her 
Majesty and this board being informed that there is an 
Omition of the direction of her Majestys Letter to Edward 
Viscount Cornbury late Governor of this Province in favor 
of Joseph Ormstone he desired it might be Rectified and the 
Said direction Entred at large 

Ordered that the Secretary doe enter the Said Letter and 
direction at large in the Records of this province as Soone as 
possible after the Letter or a true Exemplification thereof Is 
brought unto him 

It Is the opinion of this board that for the reasons Given 
in the Said Petision the prayer of the Said Petision be 
Granted and that M"" Willocks be Not obleidged to have the 
Pattent desired drawne by M' Attorney Generall butt may 
have them drawne by such other person as he Shall thinke fitt 

M"^ Gordon Reported the Ordinance for the Establishing 
of Courts in this province which was Read and Approved of 
and ordered to be engrosed 

The bill Eutituled an Act to Enable Cartain trustees to 
Sell and dispose of a Small Estate of Inheritance in the 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 543 

County of Burlington Read the first time and Ordered a 
Second Reading 

The bill Entituled an act for establishing a ferry from the 
town of Burlington to bristoll Read the first time and ordered 
a Second Reading 

Po Merid Ejus : Diei 4 

At a Councill held at Burlington Present as aforesaid 

His Excellency Robert Hunter Esqr Captain Generall &'' 

Lewis Morris John Hamilton 

George Deacon Esqr John Reading Esq 

Hugh Huddy Thomas Byerly 

Tho Gordon' 

The bill Entituled An Act to Enable Certaine trustees to 
Sell and dispose of a Small Estate of inheritance in the 
County of Burlington Read the Second time and Committed 
to the Gentlemen of the Councill or any five of them 

The bill Entituled an Act for establishing a ferry from the 
towne of Burlington to the town of Bristoll Read the Second 
time and Committed to the Gentlemen of the Councill or any 
^ve of them 

Saterday the 13''' March 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captain Generall &° 

Lewis Morris Thomas Gordon 

George Deacon Esq John Reading Esqr 

Hugh Huddy Thomas Byerly 

The ordinance for Establishing of Courts Sealed and 
Signed by his Excellency 

Thomas Gordon Esqr Reported from the Committy to 
whome the bill Entituled an Act to Enable Certaine trustees 



544 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

to Sell and dispose of a Small estate of inheritance in the 
County of Burlington that the Committy had Gone through 
the Said bill and directed him to report the Same without 
any Amendment 

And the Said bill being Read the third time and Question 
being put whether the Said bill doe pass 

It past in the afirmative 

Ordered that the Said bill be Engrost 

Ordered that Thomas Gordon doe acquaint the house of 
Representatives that this board had passed the said bill with- 
out any Amendments and ordered the Same to be engrost 

M' Gordon Reported from the Committy to whome the 
bill Entituled An Act for the establishing a ferry betwixt the 
townes of Burlington and BristoU that the Committy had 
Gone through the Said bill and made Severall Amendments 
which he was directed to Report to this board when they will 
Please to Receive the Same 

Ordered that the Report be made Imediately And the Said 
Amendments being Severally Read were agreed to by this 
board and the bill Soe amended Read the third time and the 
Question being put whether the bill Soe amended doe pass 
It past in the afirmative 

Ordered that M'' Gordon doe Carie the Said bill Soe 
amended to the house of Representatives for their Concurrance 

■ The bill Entituled an Act Enforceing the observation of an 
Ordinance for establishing of fees Read the first time and 
ordered a Second Reading 

A Message from the house of Representatives by Doctor 
Johnstone M' Reid M' Lawrence M' Sharpe M" Kaighan & 
M'^ Fretwell that the house had past a bill Entituled An Act 
for Support of her Majestys Government of Nova Cesarea or 
New Jersey for two Yeares to which they desired the Con- 
currance of this board 

And a Message from the Said house in these words Ordered 
that Doctor Johnston M' Reid M'' Kaighan M'^ Sharp and 
M' Lawrence doe desire the Gentlemen of the Councill will 



1713-14] JOURNAL OF GOVERNOK AND COUNCIL. 545 

Be please to put out the word other & incert the word More 
in the bill Eatituled an Act for inforceing the ordinance for 
establishing of fees In page ninth line twenty fifth 

The bill Entituled an Act for Support of her Majestys 
Government of Nova Cesarea or New Jersey in America 
Read the first time and ordered a Second Reading 

Post Meridd: Ejus: Diei 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captaine Gen^ &.' 

Lewis Morris John Reading 

George Deacon Esqr Thomas Byerly Esqr 

Tho Gordon 

The bill Entituled an Act for Support of her Majesty's 
Government of Nova Cesarea or New Jersey Read the Second 
time and Committed to the Gentlemen of the Councill or any 
five of them 

The bill Entituled an Act for Enforceing an Ordinance for 
the Establishing of fees within this Province Read the Second 
time and Committed to the Gentlemen of the Councill or any 
five of them 

Moonday the 15"" March 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captain Gen^ &° 

Lewis Morris John Hamilton 

George Deacon John Reading 

Hugh Huddy Esqr Thomas Byerly Esqr 
Tho Gordon 

The Commissions of the Peace Pleas Sheriff Coroner and 
Cleark for the County of Hunterdon Sealed with the Great 
Seale 

35 



546 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

The Petition of Thomas Ropier Daniell Smith Samuell 
Smith Richard Smith Thomas Wetherell &" of the people 
Called Quakers Setting forth that whereas in the administra- 
tion of the Lord Cornburys Government over this province 
clivers persons that could not take up arms for Conscience 
Sake had their goods taken from them by Yertue of an Act 
for Setling the Militia of this Province Divers of which Said 
Goods Still Remaine in the Secretarys Possession that the 
Said Goods may be Restored to the owners 

Ordered that the Secretary doe deliver what Goods still 
Remaine in his hands that were distrained and taken from 
the said people or their friends by virtue of the Said Act to 
the Severall owners or Proprietors or Such as shall Claime 
the Same 

Coll Morris Reported from the Committy to whome the 
bill Entituled an Act for the Support of her Majesty's Gov- 
ernment of Nova Cesarea or New Jersey for two years that 
he was directed to Report the Said bill without any Amend- 
ments and the Said bill being Read the third time and the 
Question being put whether the Said bill doe pass 
It past in the afirraative 

Ordered that Coll Morris doe acquaint the house of Repre- 
sentatives therewith 

M' Reading Reported from the Committy to whome the 
bill Entituled an Act for the enforceing an Ordinance for the 
establishing of fees that they [the] Committy had Gone 
through the Said bill and made Severall amendments there- 
unto which he was directed to Report to this board when they 
will please to Receive the same 

Ordered that the Same be Reported and the amendments 
being Read 

This board agree to the first amendment 

Disagree to the Second Amendment 

Disagree to the third Amendment 

Agree to the fourth amendment 

Disairree to the fifth amendment 



1713-14] JOURNAL OF GOVEENOR AND COUNCIL. 547 

Disagree to the Sixth amendment 

Seaventh Aggreed 

Eighth Agreed 

Ninth Agreed and the bill Soe amended Read the third 
time and the Question being put whether the Said bill Soe 
amended doe pass 

It past in the afirmative 

Ordered that M' E-eading doe Carie the bill Soe amended 
to the house of Representatives for their Concurrance 

A Message from the house of Representatives by M' 
Kaighon & M' Lawrence that the house had passed a bill 
Entituled an Act for Collecting the Arrerages of taxes Since 
the yeare one thousand Seaven hundred & Eight to which 
they desire the Concurrance of this board 

The bill Entituled an Act for Collecting the Arrerages of 
taxes Since the yeare one thousand Seaven hundred and 
eight Read the first time and ordered a Second Reading 

P Merid Moonday the 15"^ March 1713 

At a Councill held at Burling-ton Present 

His Excellency Robert Hunter Esqr Captaine Generall <fe° 

Lewis Morris John Hamilton 

George Deacon John Reading Esqr 

Hugh Huddy Esqr Thomas Byerly 

Tho : Gordon 

The bill Entituled an Act for Collecting the Arrerages of 
taxes Since the Yeare one thousand Seaven hundred and eight 
Read the Second time and Committed to the Gentlemen of 
the Councill or any five of them 

Ordered that the Secretary doe acquaint the house of Rep- 
resentatives that they Attend him in Councill imediately 

A Message from the house of Representatives by Doctor 
Johnston that the house of Representatives had agreed to the 



548 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

Amendments made by this board to the bill Entituled An 
Act for the establishing of fees in this province and had 
ordered the Same to be Eng rosed : 

And the Speaker with the house attending his Excellency 
Gave his Assent to the following bills. 

An Act for Reviveing and Continuing the Courts of Quar- 
ter Sessions and Common Pleas in the County of Cape May : 

An Act for Settling the bounds between the Countys of 
Sommersett Middlesex and Monmoth 

An Act Concerning Swine 

An Act for Enabling the owners of the Meadows and 
Marshes Adjoyneing to the lands of Sarah Mickle John Dole 
John Kaighan &' to Stop out the tide from overflowing of 
them : 

An Act to prevent Concealing of Stray Catties or Horses 

An Act to Enable Sarah Edwards late widdow and Execu- 
trix of Robert Edwards to Sell Lands 

An Act to Enable the Executors of Miles Forster to Sell 
lands for the payment of Debts and Legacies 

An Act for Regulateiug of fences 

An Act to Enable the owners of the Meadows and Marshes 
belonging to the towne of Salem to Stop out the tide from 
overflowing of them 

Burlington the 16"^ March 1713 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captaine Generall &'' 

Lewis Morris Tho Gordon 

George Deacon Esqr John Reading Esqr 

Hugh Huddy Thomas Byerly 

His Excellency Signed the following Warrants Viz* 
One to himselfe for two hundred & fivety pounds 
One more to himselfe for fivety pounds 
One to the Chief Justice for fivety pounds 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 549 

One to the Second Judge for fiveteen pounds 

One to the Gierke of the Councill for Seaventeen pounds 
ten shillings 

One to the Attorny Generall for Seaven pounds ten shillings 

One to the doore keeper of the Councill for thirteen pounds 
twelve Shillings 

One to Lewis Morris Esq for his Service in the Councill 
for the Sum of twenty pounds Sixteen shillings 

One to George Deacon Esq for the like Service for twenty 
pound Six shillings 

One to Hugh Huddy Esq for the like Service for thirty 
one poun ten shillings 

One to Thomas Gordon Esq for the like Service for twenty 
eight pounds four shillings 

One to John Anderson Esqr for the like Service for sixteen 
pounds Sixteen shillings 

On [One] to Coll John Hamilton for the like Service for 
thirty pounds 

One to John Reading Esqr for the like Service for thirty 
pounds twelve Shillings 

One to Elisha Parker Esq for the like Service for fiveteen 
pounds eighteen shillings 

One to Thomas Byerly Esq for the like Service for thirty 
one pounds four Shillings 

The Reply of Thomas Byerly Esq to the awnswer of the 
Councill of Proprietors &" Read praying that No Surveyer 
or Recorder of the Proprietors may be admitted or permitted 
to execute those offices but on the termes expressly directed 
in her Majestys instructions Such Recorder or Surveyor being 
first appointed by the Majority of Proprietors &° 

M'' Gordon Reported from the Committy to whome the bill 
Entituled an Act for Collecting the Arrerages of taxes Since 
the Yeare one thousand Seaven hundred & eight was Com- 
mitted that the Comitty had Mett and Gone through the Said 
bill and directed him to report it to this board when they 
would please to Receive the Same 



550 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

Ordered that the Report be made I rued lately 

And the Said Severall amendments being Read and agreed 
to and the bill Soe amended Read the third time and the 
Question being put whether the Said bill Soe amended doe 
Pass 

It past in the afirmative 

Ordered that M' Gordon doe Carie the bill Soe amended 
to the house of Representatives for their Concurrance 

A Message from the house of Representatives by M' Reed 
and M' Hude that their house had agreed to the Amendments 
made by this board to the bill for Collecting the Arrerages of 
taxes & Ordered the Same to be Engrost 

P Merid Ejus Diei 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esq Captain Gen' &" 

Lewis Morris John Reading 

George Deacon Thomas Byerly Esqr 

Hugh Huddy Esq 
Thomas Gordon 

A Message from the house of Representatives by M" Hude 
with the Ingrosed bill for Collecting the Arrerages of taxes 
Since the Yeare one thousand Seaven hundred & eight 

Burlington the l?**^ March 1713 

At a Councill held at Burlington Present 

» 

His Excellency Robert Hunter Esq Captain General! and 
Gover^ 

Lewis Morris / John Hamilton 

George Deacon John Reading Esq"" 

Hugh Huddy Esq Tho Byerly 

Tho Gordon 



1713-14] JOURNAL OF GOVERNOR AND COUNCIL. 551 

It planely appeareing to this board that M'' Leeds has 
been Guilty of many frauds Malversations in his office as 
Surveyer Generall of the Westerne division of this Province 
by the examinaton of Evidence Viva Voce and Severall other 
proofs made before this board against him 

It Is the order of this board that M"^ Leeds be discharged 
from acting any more in the office of a Surveyer in the 
Westerne division of this province 

Ordered that the papers Sent by M"^ Leeds to this board be 
put into the hands of M"" Reading that he may put them into 
Some Reguler alphabeticoll order and then to deliver them 
So digested into the Secretarys office to be safely preserved 
there 

The Petision from M' Willocks being Read praying to be 
heard before his Excellency and this board & that if the 
Gierke has entered the order of this board wronge it may be 
Rectified 

Ordered that the Gierke of this board doe enter the Said 
order in the words following 

The Petision of M"" Willocks desireing a Pattent or Pat- 
tents for lands Proprietys Quit Rents &" Escheated to her 
Majesty formerly belonging to M" Arent and Peter Son- 
mans Aliens borne being Read in which he Setts forth that 
M"" Attorny Generall had neglected his duty and declined 
doeing any Service at some of the inquisitions taken against 
the Said Sonmans and had although feed by him Refused to 
Attend at Some of the inquisitions taken on behalfe of her 
Majesty &<= 

It Is the opinion of this board that for the Reasons Given 
in the Said Petision the prayer of the Said Petision be 
Granted and that M' Willocke be not Obleidged to have the 
Pattent or Pattents desired drawne by the Attorney Generall 
but may have them drawne by Such other person as he shall 
thinke fitt 

This board being informed that there is an Omision in Not 
entring the directions of her Majestys Letter to Edward 
Viscount Cornbury late Governor of this Province in favor 



552 NEW JERSEY COLONIAL DOCUMENTS. [1713-14 

of Joseph Ormstone &" he desired it might be Rectified and 
that the said direction be entred at large 

Ordered that the Secretary doe enter the Said Letter & 
direction at large in the Records of this province as Soone as 
posible after the Said Letter or a true Exemplification thereof 
be brought to him 

Ordered that the Secretary doe acquaint the house of Repre- 
sentatives that his Excellency desires this house to Attend 
him in Councill Imediately 

And the Speaker with the house Attending his Excellency 
Gave his Asent to the following bills Vizt 

An Act for the Support of this her Majestys Government 
of the Province of New Jersey for two Yeares 

An Act for Enforceiug the Ordinance for Establishing of fees 

An Act for Collecting the Arrerages of taxes 

An Act for Confirraeing Conveyances of Lands Made and 
to be made by wills & powers of Attorny &" 

An Act for Confirmation of A Pattent Granted by his 
Excellency for the incorporation of the towne of Bergen 

An Act for Enabling the owners of the Meadows and 
Marshes adjoyneing to Manitowne Creek to Stop out the tide 
from overflowing them 

An Act for Encourageing the Killing of Woolves Panthers 
and Red Foxes 

An Act for Confirmeing of Letters of Administration 
Granted & to be Granted in this Province 

An Act to Naturalize Stephen Chalinash and Peter Pomier 
Natives of france 

An Act to Enable Thomas Lambert Prinsipall Creditor of 
John Easton to Sell lands &" 

An Act to Enable Ceartaine trustees to dispose of a Small 
estate of Inheritance in the County of Burlington 

An Act to Establish a ferry betwixt the towues of Burling- 
ton & Bristol} 

And Act for Acknowledgeing & Recordeing of deeds & 
Conveyances of lands in Each County of this province 

And then Adjorned the Assembly till the ll"* of May 



1714] JOURNAL OP GOVERNOR AND COUNCIL. 553 

P : Meridi Ejus : Diei 

At a Councill held at Burlington Present 

His Excellency Robert Hunter Esqr Captaine Generall 
and Governor 

Lewis Morris John Hamilton 

George Deacon Esq John Reading Esqr 

Tho Gordon Thomas Byerly 

On the Motion of Coll Morris that there might be a Court 
of Chancery opened 

This board Is of the opinion that the Governor haveing 
the Custody of the Scale by Pattent under the Broad Scale 
of Great Brittaine Is by that Constituted Chanceller and that 
he may when he pleases Soe to Constitute proper officers & 
by Proclamation declare the Said Court to be open 

At a Councill held at Horsumus the 17''' of Aprill 1714. 

Present 
His Excellency Robert Hunter Esqr Governor 

Lewis Morris 

Thomas Gordon ^ 

John Anderson • 

Thomas Byerly f ^«^' «^ ^'^' Majestys Councill 

Elisha Parker j 

His Excellency haveing by his Letter adjorned the Coun- 
cill appointed to Meet at Comraunipon in the township of 
Bergen to Horsumus in the Same Towneship they met 
Accordingly and M'' Secretary Bass Clerk of the Said Coun- 
cill not Attending to order Lewis Morris one of the members 
of this board was desired to Offitiate for him there was pre- 
sented to this board an ordinance for Establishing of Courts 
of Judicature within this her Majestys Province of Nova 



554 NEW JERSEY COLONIAL DOCUMENTS. [1714 

Cesarea or New Jersey which being Read was Allowed and 
Approved of by this Board & was Signed & Sealed by his 
Excellency the deposition of George Willocks agent for 
Joseph Ormstone and Rachell his wife was Read in the 
words following 

Province of New Jersey ss : 

George Willocks of the County of Essex and province 
aforesaid attorney for Joseph Ormstone and Rachell his wife 
makes oath that he the deponent by direction of his Excel- 
lency the Governor on Tuesday the IS"" of this instant Aprill 
went to the house of Thomas George in the Citty of New 
Yorke and then and there did informe the Said George that 
on Saterday next following the Governor intended to Meet 
the Councill of New Jersey at Communipou where he might 
have an Opertuuity of being heard before his Excellency and 
Councill Relateing to A Caveat which the deponent under- 
stood had been entred by the Said George and May Bickley 
against Granting a Pattent for land in New Jersey to the said 
Ormstone and his wife the Said George awnswered that the 
Notice was Not reguler because as the deponent understood 
him it was not in writeing nor done by a Lawyer the deponent 
Replyed he would make Affidavitt of the notice he had given 
the day following being Wensday the deponent went to the 
house of the Said May Bickley in the Citty aforesaid and did 
then and there informe the Said Bickley in Manner as he had 
done the Said George who Gave the deponent to understand 
the Notice as he Said Not being Reguler he should think hira- 
selfe under No Obligation to take notice thereof the deponent 
Replyed he might doe what he thought fitt but that he would 
make affidavit of the Notice he had Given and further this 
deponent Sayth Not Signed George Willocks Aprill the 17"" 
1714 Sworne at Horsumus y^ 17'^ of Aprill before me 

Lewis Morris 

It Is the opinion of this board that the Said Notice was 
Suffitient and that A Grant may be made to Joseph Ormstone 



1714] JOURNAL OF GOVERNOR AND COUNCIL. SSS' 

&* pursuant to her Majestys directions without takeing any 
further notice of the Said Caveatt 

Ordered that the Report made by the Councill the 17'^ of 
March last at Burlington Concerning Daniell Leeds be Signed 
by the Clerk of the Councill and entered in the Councill 

bookes 

Signed by order of Councill 

Lewis Morris "^ 

This board haveing taken into Consideration the Memoriall 
of Thomas Byerly Esqr with Relation to M'" Daniell Leeds 
We have Examined M' Leeds and have also examined 
Severall Evidences upon Oath and have had the bookes 
Reffered to by the Said memoriall and we find upon exami- 
nation that the said Leeds fraudulently has altered Surveys 
and land marks that he has fraudulently antedated deeds that 
in the Said book in which the Returnes of Surveys are entered 
Several! of the Returns are Crossed and defaced and it appears 
that Daniel Leeds has added to and altered Some of the Said 
Returns it Appeares that the Said Leeds has altered the 
Courses and Number of Chaines in one Returne by blotting 
out the Number of Chaines mentioned in the Old Returne 
and interlineing a dilFerant Number and Course in the Said 
Returne We are humbly of the opinion that the Said Leeds 
be Prohibited to Act any Longer as Surveyer Generall and 
that her Majestys Attorney Generall be directed to Prosecute 
him from [for] the Crimes above Said and that in the Meane 
time he be of the Good behavior All which Is most humbly 
submitted by his Excellency 

A true Coppy 

J Bass Secretary 



556 NEW JERSEY COLONIAL DOCUMENTS. [1714 

. October the, 19'M714. 

At A Councill held At Perth-Amboy 

Present 
His Excellency Robert Hunter Esq'' Capt : Genell : & Gov- 
ernour In Chieff 

Thomas Gordon ^ 
John Hamilton I 
Elisha Parker [ ^^^" 
Thomas Byerly j 

His Excellency Coll : Robert Hunter took the oathes Ap- 
poynted to be taken In the Stead of the oath of Allegiance 
& Supremacie to His Present Majestic King George, and 
took and Signed the Test and Abjuration oath. 

The Like was Also taken and Subscribed by Thomas Gor- 
don, John Hamilton, Elisha Parker, and Thomas Byerly 
Gentlemen of Plis Majesties Councill and by Jeremiah Basse 
Secretary & Clerk to the Councill &" 

His Excellency haveing this day Notified to the Councill 
the Death of Her Late Majesty Queen Ann of Glorious 
Memory ; and Also the order of the Lords Justices for the ' 
Proclamation of the High and mightie Prince George Elector 
of Brunswick Luenburgh to be Rightfull and LawfuU King 
of Great Brittaine and Comunicating A Proclamation for 
that End— 

Nemine Contra Dicente 

Ordered that the High & mighty Prince George Elector 
of Brunswick Luenburgh be Proclaimed King of Great 
Brittaine, France and Ireland (fee : * 

* The Governor had already proclaimed in New York the accession (August 1, 
1714,) of George I., and on October 18 came to New Jersey for the same purpose. — 
N. Y. Col. Docs., v., S80. 



1714] JOURNAL OF GOVERNOR AND COUNCIL. 557 

At A Councill held At Perth Amboy the, 2P' of January 
In the first year of His Majesties Reign Anno Dom 1714. 

Present 
His Excellency Robert Hunter Esq' Governour &c : 

Lewis Morris ^ 
Thomas Gordon I 
John Anderson }■ Esq" 
Elisha Parker j 
Thomas Byerly j 

Ordered that the Writts to the severall Sheriffs of the 
severall Counties of this Province, and to the Constables of 
the Towns of Perth-Amboy, Burlington & Salem be Issued 
out for Electing of Representatives to meet At Burlington 
the Last day of March next — 

His Excellency laid before this Board severall Complaints 
Against Alexander Griffith Esq'' Attourney Generall of this 
Province and Acquainted them, that he had ordered the said 
Attourney Generall to Attend this & A former Councill ; but 
that he had not Attended at the time the other Councill was 
Appoynted to meet, and had sent his Excuse for his not 
Attending this. — 

His Excellency Also Acquainted the Board that he had 
under his hand, to his Excellency own'd some of the things 
laid to his charge, and His Excellency Demanded the opinion 
and advice of this Board on the said Complaint. — 

David Jameson Esq' Cheiff Justice of this Province who 
had made some of the said Complaints to His Excellency 
was call'd In and did certifie the same under his hand the 
matter of Record In the Supreme Court — 

George Willocks Esq' who had made some of the Com- 
plaints was call'd and made Oath to the truth of some of 
them, — 

John Barclay Esq' now Executing the Office of Clerk to 
this Board made Oath to the truth of others of them.— 



558 NEW JERSEY COLONIAL DOCUMENTS. [1714-15 

Two of the Members of this Board did declare that the 
Rest of them consisted with their certain Knowledge : — 

It is the opinion of this Board that the Excuses made by 
the Attourney Generall for his not Attending According to 
His Excellencies order are frivolous and the said Attourney 
In Contempt. — 

Then His Excellency Adjourned the Councill 

At A Councill held At Perth Amboy the 11^ of Januarie 
1714. 

Present 
His Excellency Robert Hunter Esq' Governour &c 

Lewis Morris "^ 
Thomas Gordon I 
John Anderson \ Esq" 
Elisha Parker 
Thomas Byerly j 

The Gentlemen of the Councill gave their opinions and 
advice to His Excellency, with Relation to the Complaints 
laid before them yesterday In the following words (viz) — 

To His Excellency 

Robert Hunter Esq' Capt : Generall and Governour In 
Chief In & over His Majesties Provinces of New Jersey, 
New York &" and Vice Admirall of the same — 

May It Please your Excellency 

In order to your Excellencies Command to consider of 
some Complaints made Against Alexander Griffith Attourney 
Crenerall of this Province, and Give your Excellency our 
opinion and advice thereupon — 

We have considered & Examined Into the said Complaints, 
and Do find that Peter Son mans Late one of Her Majesties 
Councill for this Province being by the Grand Jury of the 
County of Midlesex Indicted for Perjury & Adultery,* And 

*In 1708. See N. J. Archives, IV., 87. 



1714-15] JOURNAL OF GOVERNOR AND COUNCIL. 559 

the Attourney Generall being by the Supreme Court ordered 
to prosecute the said Son mans, The said Attourney Generall 
contrary to his Duety Sent All the Supenas & Veniries to the 
said Sonmans the Criminall, by which means the Evidences 
were not Summoned, and for want thereof the said Sonmans 
Escaped the punishment Due to his crimes. — 

We find that the High Sheriff of the County of Essex 
having wilfully neglected to Execute A Writt directed to 
him by the Chief Justice of this Province to Apprehend 
Peter Sonmans for Removing & Imbazling the publick 
Records of the Eastern Devision of the same, was by Order 
of your Excellency In Councill, ordered to be prosecuted for 
such his Neglect. The Attourney Generall to Elude such 
prosecution Sent the Copies for Apprehending the said Sheriff 
so small a time before the Court to which it was Returnable, 
that the officer to whom It was directed could not serve it, 
by which means he has hitherto Escaped prosecution, and is 
now Removed out of the Province — 

We find that Peter Sonmans was Indicted at A Court of 
Sessions held for the County of Midlesex for A misdemainour 
which the Attourney Generall was directed to prosecute, but 
he contrary to his Duety wholly Neglected the same. — 

There was an order of your Excellency In Councill to 
Prosecute one Vaughan & one Jewell for A Misdemainour 
done & Comitted In the County of Monmouth In the 
Eastern Devision of New- Jersey, and the Attourney Generall 
to Elude the said order did preferr An Indictment against 
the said Vaughan & Jewell for the same offence to the Grand 
Jury of the County of Burlington In the Western Devision 
of New-Jersey who could not have Cognizance of that fact, 
by which means the Bill was Endorced Ignoramus and now 
Remains In file amongst the Records of the Supreme Court, 
The Chief Justice of this Province percieving the Corruption 
of the said Griffith Attourney Generall did continue the said 
Persons on their Recognizances, and Expostulated with the 
Attourney Generall for his contempt of the orders of your 
Excellency, who then promised to prosecute the said Crim- 



560 NEW JERSEY COLONIAL DOCUMENTS. [1714-15 

inalls, but Nevertheless did decline to do the same, and they 
remaine still unprosecuted — 

We do find that the said Attourney Generall was likewise 
by an order of your Excellency In Councill directed to 
prosecute one Daniell Leeds for raising Altering &chainging 
Severall Surveys and the Records or Registers of Surveys to 
the Great prejudice of divers of the then Majesties Subjects, 
the said Attourney Generall did deny to draw or file any 
Information on that behalfe Against the said Leeds, and to 
lUlude the said order of your Excellency, upon his delivery 
of An Indictment [to] the Grand Jury In Burlington In May 
Term, told the said Grand Jury he was Commanded to do 
this ; but that there was no Evidence Against the said Leeds, 
whereupon they Endorced the Bill Ignoramus by which 
means the said Daniell Leeds did then & has hitherto 
Escaped punishment for these Offences Whereas it consists 
with our certain knowledge that the said facts were proved 
Against the said Leeds by many witnesses before your Excel- 
lency & Councill In the most publick manner and confessed 
by the said Leeds — We do find In this present year 1714. 
The Grand Jury of the County of Burlington did deliver 
severall presentments to the said Attourney Generall to be by 
him put Into forme, some of which he formed Into Indict- 
ments, but one Against Coll : Cox for a misdemainour he did 
utterly Refuse to put Into forme ascerting In open Court 
that the Subject matter of that Presentment was no Crime, 
and the Person Informing ought rather to have been pre- 
sented for Perjury, which being overuled by the Court, and 
the said Attourney Generall ordered to put the said Present- 
ment Into forme he declined and the Grand Jury Endorsed 
their owne Presentment Billa Vera, which was Afterwards 
Quashed for want of A Visnue occasioned Altogether by the 
said Attourney Generalls Neglect of his Duety and contempt 
of the said order of Court. — Upon News of the Demise of 
our Late Majestic of Glorious Memory the said Griffith 
Attournie-Generall did, Industrously and falsly Insinuate to 
the Justices of the Peace and other Officers that their Power 



1714-15] JOURNAL OF GOVERNOR AND COUNCIL. 561 

In the Government was at an End and could not be Executed 
till they were Impowred by A New Authority which occa- 
sioned A Totall obstruction of the payment of the Publick 
Taxes for the Support of the Government, for some time to 
the Great Prejudice of His Majestic and His Government 
over this Province Wee are of opinion, that your Excellency 
can't punish any Crimes or misdemainours Against His 
Majesties Peace & Government nor Sufficiently Excert your 
Selfe for His Majesties Service In the Execution of the 
Powers & Authorities Lodged In you, while the said Attour- 
ney Generall continnues to Execute the said Office, being A 
Person disaffected to the Present Government. And it is 
our Humble Advice to your Excellency to Suspend the said 
Alexander Griffith from his Office of Attourney Generall, 
and to Issue your order In Councill, to the Person you will 
Please to Appoynt to Execute the Office of Attourney Gen- 
erall till His Majesties Pleasure be further known to Pros- 
ecute the said Griffith for his severall contempts and misde- 
mainours This we think Absolutely necessary for His Majes- 
ties Service, but it is nevertheless most Humbly Submitted 
to your Excellencies better wisdome and Judgement by your 
Excellencies most Humble Servants. — 

Lewis Morris 
Thomas Gordon 
John Anderson 
Elisha Parker 
Thomas Byerly 

The said opinion and Advice being read His Excellency 
was Pleased to suspend the said Alexander Griffith from 
Executing the Office of Attourney Generall of this Province 
untill His Majesties Pleasure be further known, and to Ap- 
poynt Thomas Gordon Esq'' to Execute the Office of Attour- 
ney Generall untill His Majesties Pleasure be further known,* 
His Excellency was Also Pleased to Give an order to Thomas 
Gordon Esq'' to prosecute the said Alexander Griffith by 

*N. J. Archives. IV., 209: N. Y. Col. Docs., V., 400. 

36 



562 NEW JERSEY COLONIAL DOCUMENTS. [1714-15 

Information In His Majesties Courts For the Contempts and 
misdemainours mentioned In the opinion and advice of this 
Board. 

Ordered that John Barclay Deputed Clerk of the Councill 
for Jeremiah Bass Esq'' Signifie the same unto the said Alex- 
ander Griffith by serving him with A Copy of the Minutes 
of Councill Relating to himselfe. 

A true Copy By Me 

John Barclay Dpt : Clk : 

Memorandom I served Alexander Griffith Esq' with A 
Copy of the Above order the 26"' 1714 At my owne House 

J Bass. 

The Warrants for the Officers Sallaries of this Government 
were Signed for their severall Salaries from the twenty third 
of March 1713 to the twenty third of March 1714 

In the Evening Lewis Morris Esq' tooke the LawfuU 
Oathes to His Present Majestic Also M' Gordon was Sworn 
As Attourney Generall of this Province. 

,At A Councill held At Perth- Amboy Jany the 23'* 1714 

Present 
His Excellency Robert Hunter Esq' Capt Genii &c 

Lewis Morris ^ 
Thomas Gordon • 
John Anderson f ^^^" 
Thomas Byerly j 

His Excellency proposed that His Majestic be Addressed, 
Congratulating His Accession to the Throne, and His Ar- 
rivall to Great Brittain 

Ordered that the Members of this Board or any three of 
them draw up the said Address to be presented to this Board 
to morrow. 



1714-15] JOURNAL OF GOVERNOR AND COUNCIL. 563 

At A CouQcill held At Perth Amboy Jany ye 24"^ 1714 

Present 
His Excellency Robert Hunter Esq'' Capt : Genii : &c 

Lewis Morris ^ 

Thomas Gordon ! 

John Anderson ,' ^^ 
I 

Elisha Parker j 

Lewis Morris Esq'^ Reported from the Comitty Appoyn- 
ted to draw up the Address to His Majestie, produced the 
same which was Read and Approved of by this Board. 

A Warrant was Signed to Each of the Members of this 
Board here After mentioned for twenty foure shillings (viz) 
Lewis Morris, Thomas Gordon, John Hamilton, Thomas 
Byerly and John Reading Due to Each of them for foure 
days Sallary omitted out of their Warrants for their Attend- 
ance at the Last Sessions of Assembly At Burlington. 

A Warrant was Signed directing Thomas Gordon Esqr : 
Commissioner for the Office of His Majesties Attourney Gen- 
erall of this Province to Prosecute by Information In the 
Supreme Court of Judicature of this Province Daniell Cox 
and Daniell Leeds of Burlington County John Vaughan and 
Thomas Jewell of Monmouth County for several Contempts 
and misdemainours by them Comitted, who have hitherto 
Escaped Due Prosecution through the Negligence of the Late 
Attourney Generall : 



INDEX. 



A. 



Acquackanonck (Aquaninoiicke, Acqui- 
canunck, Aquickanuc, Acquicanum) : 
Constables provided for, 116.— Inhab- 
itants of, to be exercised in military 
tactics, 116.— Court of Small Causes 
for, 183.— Pound to be built for, 186.— 
Representatives for, 189.— Petition of 
the inhabitants of, 316, 324, 325. 

Acton : Benjamin, 385. 

Acts : See Bills and Acts. 

Administration: Letters of, 521, 531, 533, 
552. 

Adultery : To punish, 35, 147, 148. 

Albany : Affairs of. See French. 

Alberts : Albert. 142. 

Allen: Judadiah, Elected Deputv, 143, 
176. 

Allisson : Capt., 405. 

Amboy : Perth, Market at, 151, 152.— Court 
of Common Right to be held at. 157.— 
Petitions for a commission for a Court 
of Small Causes, 164.— Order relative 
to vessels bound to, 174.— Collector of 
Customs at, appointed, 175.— As a port, 
207, 208.— Proclaimed a port, 239.— A 
proclamation asserting the authority 
of the port at, 241.— Papers relating to 
the port of, 274. 275. 

Anderson : John, Member of Council, and 
therein present, 483, 485, 487, 4S8, 494- 
496, 511, 512, 515, 517. 519, 522. 524, .52.5- 
527, 558, 561-563.— Of a committee, 495, 



514. 520.— Messenger, 520.— In relation 
to Elisha Lawrence, .505. 

Ander.son (Andress, Andres, Audresse) : 
Lawrence, Appointed member of the 
Council, 3.— In Council, 6, 8, 11, 13, 15, 
17, 49, 51, 57, 59, 64, 67, 69, 72, 75, 94, 96, 
99, 100, 123.— Justice of the Peace of 
the Quorum, 40, 41.— Renounces all 
claim to administer James Bollen's 
estate, 50.— To meet Committee of 
Deputies, 63, 68.— Witness for Capt. 
Vicars, 100.— Opinion of, 101.— War- 
rant to arrest, 166. 

Andress: Ephraim, Elected Deputy, 143. 

Anne: Queen, Letter and Instructions 
from, relative to the expedition 
against Canada, 334.— Addresses to, 
355, 365.— Communication from, 470. 
Death of, announced, -556. 

Arent: John, 103. 

Arentson (Arents): Claud (Claus, Claes), 
Justice of the Peace of Bergen county, 
41.— To hear cases in Court for Small 
Causes, 48. 

Armour : James, 206, 214. 

Assembly : See Bills and Acts. 

Attorneys : In any court, not to be Jus- 
tices, Sheriffs, "or Clerks of Courts, 208, 
209, 210.— Prohibiting any to be em- 
ployed save such as live within the 
Province, 219.— An act for regulating, 
318, 319. 



B. 



Bacon : Samuel, 18. 

Baillergeau : Jacob, 421. 

Bainbridge : Joseph. See Beribridqe. 

Baker: Capt. John, 12, 13, 16, 28. -^Coroner 
of Essex county, 40.— Land granted to 
him in Elizabethtown, 50.— Justice of 
the Court of Common Right, 99— Re- 
ferred to, 103.— His removal from oflftce 
asked and granted, 115.— Fined and 
gives bonds, 138. 

Baker : Joseph, 117. 

Bankrupts, 410, 446. 448. 

Barbaree: John, 343. 345. 

Barclay : David, Justice of the Court of 
Common Right, 121.— Referred to, 124, 
126, 132. 

Barclay : John, 200, 227. 228, 229, 2.30, 233, 
234, 236, 262, 266, 271, 272, 557, 562. 

Barclay : Robert, Commissions Lord Neil 
Campbell to be Deputy Governor, 160. 
—Commissions Andrew Hamilton to 
the same office, 187. 



Bard : Peter, 421, 508, 510, 513, 517, 535, 541. 
— Note on, 513. 

Barker : Thomas, 283. 

Bartlett : Lord, See Berkletj : Lord. 

Bartlet : Thomas, 127. 

Basse: Jeremiah. Governor of East New 
Jersev, 237.— In Council, 239, 241-246, 
250, 2'51, 253-255, 257-259, 261, 263, 264, 
266, 274, 275.— Written to concerning 
the ship Hester, 245.— Speech to the 
Representatives, 246— Absent, and 
Bowue made Deputy Governor in his 
place, 266.— Messenger, 309, 361, 380, 
388, 389, 390, 410.— Secretary of Coun- 
cil, 310, 418, 425, 431, 448, 471, 474, 481, 
491, 553, .555, 556, 562.— Charge against 
him by Mr. Leeds, .524. 

Bayard (Bagard) : Nicholas, Justice of the 
Peace of Bergen county, 41. 

Bayly : Johu, 103. 

Baynes : Jane, 114. 

Beachman: Henry, 345. 



566 



INDEX. 



Beamond : Hanna, 114. 

Beaudinott : Elias, -121. 

Beckley (Bechlev, Bickley) : May, 324, 
432, 554.— Notice of, 324. 

Beechman : John, 345. 

Bellamont : Richard, Earl of, 23S, 241. 

Benbridge (Benbriggs, Bainbridge'i: Jos- 
eph, Petitions for lands to be patented 
to him, 7, 10, 97, 125. 

Bercklev (Barclay): John, Mutilates the 
records, 358, 364. 

Bergen : Justice of the Peace, &c., 41.— To 
select its officers, IK^. — A Town Court 
in, 119.— Court of Small Causes for, 
183, 185, 197-199, 200.— Pound to be 
built, 186.— Representatives for, 189. 
—Incorporation of the town of, 504, 
505. .508, .5.52.— Petition of, 491. 

Berkley (Berkeley, Barclay, Bartlett) : 
Lord John, one of the Lords Propri- 
etors. 7, 50, 120, 152. 

Berrow (Borrow): John, 496, 509. 

Berry : Capt. John, Appointed member of 
the Governor's Council, 3 —In Coun- 
cil, 6, 8, 11, 13, 15. 17-30. 33, 34, 43, 44, 
46, 50, 51, 57, 59, 64. 67, 69, 72, 75, 78. 82, 
84, 87, 88, 92, 94, 96, 102, 105-108, 110, 
111, 114, 117-120, 123. 12.5, 126 130, 132, 
143, 145, 147, 148, 150-157, lGO-162, 164, 
165, 167-170, 175, 177, 179-182, 185 —Jus- 
tice of the Peace of the Quorum, 40, 
41.— To look after the quit rents, 54. — 
Bond returned to him, 57. — To meet 
Committee of Deputies, 63, 68. 185. 
—Messenger, 77, 81, 82, 84, 85, 87, 90, 93, 
96, 115, 163, 165, 17.s, 183, 185, 219, 255. 
— .\ppointed Justice of the Court of 
Common Right, 99.— Oi>inion of, 102. 
—Asks for a Constable at Hackensack, | 
115. — .\ppointed Major, 116. — Chief 
Ranger. 117.- Made a member of Gov- 
ernor Lawrie's Council, 120, 121. — Re- 
ferred to, 126, 142.— Member of Court 
of Sessions, 144. — Commissioned a 
member of Governor Campbell's Coun- 
cil, 161. — To arrest Laurence Audress, 
166.— To confer with Deputies, 179, 
180, 181. 

Berry: Richard, High Sheriff, 117.— Dep- 
uty, 143, 176.— Messenger. 220, 222. 

Bills and Acts : To void all courts and 
proceedings since 2d of November, 
1681, 3, 10. 12.— To constitute a High 
Sherifl' for the Province, 10, 12.— To 
disenable several persons, &c., 13, 15. 
— To divide the Province into coun- 
ties, 18.— To disenable Samuel and 
Robert Vauquellin, 18. 20. 43— To 
have four Justices of the Peace in 
each county, 19.— For the better 
maintaining the authority of the 
Province, 35.— To rectify abuses in 
some late records, 19, 27, 43, 44.— To 
establish Courts of Justices, 19.— For 
several laws in East Jersey, 20. — For 
settling some courts, 22, 23.— For set- 
tling Courts of Small Causes, 24, 25, 
185, 1S6, 197-200, 259, 263.— Relating to 
Countv Courts or Quarter Sessions, 24, 
150, 163, lt;4, 167, 168, 210, 211, 212, 215. 
—Relating to Courts of Common 
Right, 24, 25, 64, 152, 153, 156, 157, 200. 
203, 209, 211, 212.— For the general 
laws of the Province, 26, 27, 29, 31.— To 
]>rohibit arbitrary proceedings, 26, 43. 
—To prohibit the sale of strong drinks 



to the Indians, 31, 33, 81, 85, 86, 90, 107,. 
190, 200, 203.— Relating to fencing, 31, 
33, 43, 63, 106, 108.- Against fugitive 
servants, 31, 33. — Entitled the penalty 
of drunkards, 34. — To punish profane 
swearing, 35. — For maintaining the 
authority of the Province, 35.— For 
the liberty of the subject, 35.— Entitled 
An act for the militia, 35.— To punish 
incest, adultery and fornication, 35, 
147, 14S.— For the better observation of 
the Lord's Day, 36, 37.— Obliging all 
persons to worship in public or private 
or iiay 5d., 37. — To prohibit rudeness 
and irreligious exercises on the first 
day of the week, 42.— To vacate the 
entries of some pretended records 
made by Robert Vicars, 43.— Directing 
subscriptions by magistrates and min- 
isters of justice, 43. — Relating to the 
country's public debts, 43, 44, 45. — For 
Coroners' and Constables' subscrip- 
tion for faithful performance of their 
offices, 45.— For the orderly keeping 
of swine, 51, 107, 108, 109.— For making 
and setting of highways, bridges and 
ferries, 51, 90, 106. — Enabling free- 
holders to make orders, &c., relating 
to the good and welfare of each town, 
52, 59, 60, 63.— For the better proceed- 
ings of County Courts, 55.— For killing 
wolves, 61, 63, lOS, 191, 228.— For set- 
tling of fees, 63, 151,157, 165. 166.— For 
warrants from the County Courts, 63. — 
Proposing for a private conference (of 
both houses), 69.— For settling trained 
bands, 75, 7ti. — For the due regulation 
of executions. Si. — For the militia (a 
second bill), 81, 85, SB, 90, 111, 112, 113, 
203, 212, 215, 3'26, 327, 328.— To regulate 
treaties with the Indians, 82. 90, 111, 112. 
— Against trading with negro slaves, 
82, 84.— Concerning juries, 87. 89.— To 
punish such as take not upon them the 
office ofSherilt'whencommi*sionated. 
87, 88, 89, 90.— To prevent the raising 
or imposing any tax, Ac, upon the 
people by act of General Assembly, 
90.— To prevent tippling, 108.— For the 
regulation of ordinances, 108, 109. — 
For regulation of making patents for 
lands, 109, 110, 112, 113, 210, 256. 257,— 
For trade with the Indians. 109.— For 
reg\ilation of abuses in taking up 
horses, 110, 119 —For enabling persons 
to recover debts against non-residents, 
110.— For a grant of a poll [tax] for the 
Governor's charge. 111, li3.— To pre- 
vent strangers commencing vexatious 
suits, 112. —For making rates for several 
persons as Deputies, Clerks, &c., 112 — 
To build the common jail and pound, 
113. — To rectify some proceedings at 
law, 115.— To "enable two members 
only to determine cases in Court for 
Small Causes, 115 —To fine everj^ mem- 
ber of the Deputies 5d. per day for 
absence, 117, 201. — For defraving the 
public charges, 117, 118, 119.— To pre- 
vent vexatious delays in law, 118 — 
For regulation of marking of cattle, 
119, 186.— To pay Deputies three shil- 
lings per day iu'money, pork or corn, 
146, 147.— For the form of an engage- 
ment for jurymen who cannot take 
an oath in tlie usual form, 146.— That 



INDEX. 



567 



\ 



all actions may be tried by a jury of 
the neighborhood where they arise, 
148, 149, 167— To prohibit the removal 
of all causes of the Courts of Sessions 
where damages are less than twenty 
pounds, 149, 150, 151.— For raising the 
value of silver money, 149, 161, 162.— 
To punish persons for clandestinely 
taking away canoes or boats, 150.— For 
weekly market at Amboy and two fairs 
in the year, 151, 152.— That writs of 
debt account shall commence in the 
counties where the contracts were 
made, 151, 152.— Touching hogs, 152, 
153.— For the settlement of the Secre- 
taries', Surveyors'and all other officers' 
fees, 154, l.'.e, 157, 165, 1(;6.— Touching 
fences and highways, 153.— Touching 
the Court of Sessions, 15 1, 155, 164, 168. 
-For appointing commissioners in the 
county of Monmouth to lay out high- 
ways, bridges, &c.., lio.— Maintenance 
of prisoners, 153, 156, 157.— Prohibit- 
ing the wearing of swords, daggers, 
pistols, &c . 1.56, 165.— Touching the 
taking up of runaway servants, I-d?. 
169.— For inhabitants of each town to 
meet and make rates, orders, &c., 159, 
209, 210, 212, 2n0, 263, 264.— For the 
maintenance of government, 159, 162. 
164, 169.— For freeholders to meet and 
propose prudential orders and choo.se 
Town Clerks. 162, 163.— Touching Court 
of Sessions for Middlesex county, 163. 
—Punishing Sheriffs for continuing in 
office above one year. 163, 164.— Touch- 
ing the Ranger's office, 168, 169, 260, 

\261, 262— Touching servants, 169.— 
T'or raising a supply of money for the 
affairs at Albany, 181, 185, 186.— Touch- 
ing the summoning of jurymen by 
summons left at their houses, &c., 182, 
183.— Relative to errors, mistakes, &c., 
in acts of .Vssembly of October, 1686, 
182.— To make a distinct county of 
both sides of Raritau river above 
Bound Brook, to be called Somerset 
county, 183, 219— For a Court ot Small 
Causes m Bergen county. &c., 183, 185, 
197-199, 200.— For building a pound 
. for New Barbadoes, &c,, 186.— For 

^^vrepealing the Money act, 190.— For 
repealing act touching a feme covert, 
19).— Concerning marking of horses, 
190, 191.— Declaring all conveyances 
of land by letters of attorney good in 
law, 191.— For dividing each county 
into townships, 191. 200, 201.— For reg- 
ulating of ordinances and raising an 
excise on strong drinks, &c., 192. 197, 

199, 200-203.— For settling standard of 
weights and measures, 192, 203.— For 
raising 400 pounds for Their Majesties' 
service in carrying, 192.— For supply 

^-4or defence of the frontiers, 197, 199 — 
For settling a school and schoolmaster 
in every town in the Province, 199, 

200, 203, 229.-For establishing a Court 
of Oyer and Terminer, 200. 203.— For 
regulating licenses for public houses 
and marriages, and to take otf the 
excise, 200-202.— To augment the Dep- 
uties' fees and fining absentees, 201.— 
To take off the attainder from John 
Pike and his father, 202, 203. 207, 265. 
—To impower counties to make rate 



to defray their debts, 202, 203— For 
raising soldiers for the safety of the * 
Province and money to maintain—^ 
them, 203.— Concerning negroes, 205, 
206, 208.— Prohibiting the exportation 
of pipe staves, boards, shingles and 
all kinds of wood, 208-212, 215, 220.— 
Appointing all vessels to enter and 
clear at Perth Ambov, 208.— Prohibit- 
ing Justices. Sheriffs," Clerks of courts, 
ifec, to plead as attorneys, 208. 209, 211. 
—Concerning ministers, 210.— Con- 
cerning trade. 209, 210.— Concerning 
indictments and the King's Attorney, 
211.— Concerning sheep, 212.— For Re- 
paying the Governor public disburse- 
ments, 215.— Prohibiting other than 
resident attorneys-at-law practicing 
in the Province. 219.— About towns 
defraying their public charges, 219.— 
Concerning the ranging of a neck of 
laud between Raritan and South 
rivers, 221. 225.— For raising .ei50 for 
support of government. 222, 225. 2i9r^ 
229.— For translating deeds and con- 
veyances made in Dutch or French, 
222, 225.— For the trial of negro or other 
slaves for murder, 227.— Concerning 
gaming and tippling in public houses, 
227. — Establishing fees for members 
of Council, 228, 231— For regulating 
Ordinaries, 228, 230, 231.— For opening 
the ports, 228-230.— For impowering 
one Justice to summons town meet- 
ings, 2:i8.— For punishing and reliev- 
ing negroes, 228, 229.— For maintaining 
the new road to Burlington, 229-232. — y 
For i;200 for supporting the frontiers,—^ 
230, 231, 232, 233.— For a tax for defray- 
ing the charge of trying felons, 231. — 
For the safety of the Province, 233. — 
Against pirates, 253, 2 j7, 258, 263, 264.— 
Declaring the rights, &c., of His 
Majesty's subjects within this Pro- 
vince, 259, 260, 262-265.— Concerning 
the Secretary's office, 260.— Declaring 
what persons are disabled to sit in the 
Assembly, 264. — Concerning elections, > 
2G5, 447," 4.50.— For raising .£671 fop-^ 
redressing a force of our neighboring 
Province, 265.— For better regulating, 
&c., the offices of Secretary and Clerk 
of the Supreme Court, 314, 316, 317, 
440. 413, 445.— For regulating the value J 
of foreign coins, 314, 316.— For pre--""^ 
venting swine from running at large, 
314-317, 319, 321, 325, 329, 393-396, 398, 
410. 425, 495, 499, 501, 548.— For record- 
ing, &c., of deeds, 315, 318. 392, 393, 
400, 401, 433, 434, 489. 495, .506, 508, 552.— 
For destroying woolves and panthers, 
315, 317, 323, 325, 3'29.— For regulating 
the qualificatious of Representatives. 
315, 318, 323, 3'25, 328.— For explaining 
of grants of land by Philip Carteret 
and Council, 316. 317, 319, 325. 329.— 
For regulating the qualifications of 
jurys, 318, 319, 322, 323, 327, 433.— For 
"regulating the practice of law, 318, 
319, 324. 3'27, 439, 441, 446, 447, 449.— For 
regulating attorney.s-at-law, 318, 319. — ^^ 
For the support of "government for oue*^^ 
year, 320, 321, 3'22, 328 —For the relief 
of the poor, 320-322, 328.— For regulat- 
ing fees. 320, 321, 324.— For dividing 
and ascertaining the boundaries of all 



568 



INDEX. 



couuties, 320, 321, 32S, 404, 405. 410, 411. 
For regulating Ordinaries, 326-32.S — 
For settling a post-office, 326-329.— For 
preventing persons leaving the Pro- 
vince to avoid serving in the expedi- 
tion to Canada, 339, 341, 350, 363.— Fur 
preventing prosecutions by informa- 
tions, 3.58, 359, 391, 392, 40i. 411, 413. 
414, 433, 434, 489, 490, 493, 541.— For 
ascertaining the rates of money for 
the payment of debts and preventing 
executions, &c., on contracts, ttc, 
made prior to Mav 1st, 1709, 358, 3.i9, 
375, 376, 380.— For raising £3,000 for 
^-<-Her Majesty's service .363, 366, .370, 371, 
,,^ 374, 380. — For the enforcing the cur- 
^^— rencv of bills of credit for £3,000, 372, 
373, 376, 377, 378, 379, 380, 414, 416, 440, 
452, 453. — For the encouragement of 
volunteers in the expedition to 
Canada, 373, 374, 381. 382.— For ascer- 
taining the place of sitting of the Rep- 
resentatives to nteet in General As- 
sembly, 392. 393, 394, 411.— For repair- 
ing of goales and court-houses, 392, 
393, 394, 395, 396. 39.S, 411, 502.— For 
ascertaining the fees of Representa- 
tives in General Assemblv, 392, 393. 
39,1, 396, 404. 409, 411, 413, 419, 42i.— For 
reviving Courts of Sessions and Com- 
mon Pleas in Gloucester county, S92, 
393, 395, 396, 39H, 410, 413, 425, 447, 450, 
4S1, 4.53, 470. — For regulating fences, 
892, 393, 394, 395, 396, 398, 410, 425.— For 
regulating the fees of the several 
officers and courts. 392, 393, 401, 405, 
406, 408, 410, 414, 423, 425, 439, 443, 459. 
—For regulating of stone-horses, 397, 
400, 402, 410. 425.— For settling, etc., the 
estate of the General Proprietors in 
the Western Division, 397, 399— To 
reverse a judgment against William 
Slooby and others, 394.— For regula- 
ting, &c., public and common high- 
ways, 399, 40), 402, 404.— For the better 
<iualifying Representatives to serve in 
General Assembly, and other officers 
in places of profit and trust, 399. 400, 
. 403, 411 —For explaining. &c., the act 
\for the support of Her Majestv's Pro- 
vince for one year, 399, 400, 404, 405, 
410, 411, 435, 441, 44><, 463, 4.55.— For 
ascertaining the punishment of per- 
sons deserting in the expedition 
\ against Canada, 419-421, 423— For call- 
ing in and declaring void certain 
bills, termed bills of credit, and issu- 
V ing others, Ac, 419, 420.— For araend- 
^>«ing the bill for enforcing the currency 
of bills of credit for £3.000. 422, 434, 
470. — For the encouraging of building 
of shipping in this Province, 433, 442, 
446, 449, 450, 403. — For encouraging of 
the fisheries of this Province, 433.— 
For ascertaining the qualification of 
jurors and enabling Quakers to serve 
and enjoy places of profit and trust, 
433, 435, 490, 491, 492.— For deterring 
negroes and other slaves from com- 
mitting murder and other notorious 
offenses, 439, 440. 441, 442, 445, 448 — 
For preventing corruption in the 
courts of justice. 440, 416, 453, 489. 491, 
494. 641.— For relieving the creditors 
of persons that are or hereafter shall 
become bankrupt in the Kingdom of 



Great Britain. 440, 446, 448.— For pre- 
venting commencing actions under 
ten pounds in the Supreme Court and 
removing the same from the County 
Court of Common Pleas, 442, 445.— 
Declaring all printed copies of acts 
passed in March and April, 1708 and 
1709. as effectual as the originals, 449- 
451, 457, 461-463, 467, 469.— For reliev- 
ing all persons aggrieved by a ceitain 
act for settling the militia, 450, 4-'i6.— 
For reviving ihe Militia act of this 
Province, 4al, 456, 460, 461. 526, 527, 
529, 539, 541. — For raising money to 
build and repair goals and court- 
houses, and for repealing act of 1709, 
456, 459, 464, 465, 466, 467, 469, 490, 491, 

493, 516, 519, 528.— For the support of / 
government, 457, 4,58, 459, 463, 469 — "^ 
For enabling owners of meadows, &c.. 

on the creek surrounding Island of 
Burlington, to stop out the tide, 457, 
4.59. 460, 462, 470.— For preventing the 
waste of timber, pine trees, &c., 461, 
403. 534, 535, 537, 541.— For levying 
money for the encouragement of vol- 
unteers in the expedition against 
Canada, 479, 4.80, 481.— For the cur- J 
reney of bills of credit in this Colonyr^ 
479, 480, 481.— For special juries. 493, 

494, 495, 498, 506.— For shortening law- 
suits, and regulating the practice of 
the law, 494, 495, 4',I7, .503, 541.— That 
the solemn affirmation of Quakers be 
accepted instead of an oath, and en- j 
abling them to serve as jurors, 496,^-^ 

495, 500, .505, 506, 541 —To prevent the 
concealing of strav cattle or horses, 
Ac, 498, 499, 501.— Regulating fences, 
498, 499, 500. .503, 507, 548.— For en- 
couraging the killing of woolves, 
panthers and red foxes, 498, 499,501, 
552.— To prevent immorality, 502, 530. 
— To enable owners of meadows, Ac, 
on Manitou creek, to stop out tide, 

502, .503, 513, 552. — For laying out, 
making and mending highways, .502. 

503, .540.— For preventing abuses in 
sellingstrong drink by retail, &c., 503. 

504, 512. — For regulating slaves, ,504, 

505, 514, 520, 522, 524, 541.— For confirm- 
ing patent granted by Robert Hunter 
for incorporating the town of Bergen. 
.504, 50.^, 5"8, 552. — For erecting upper 
part of Western Division of New Jer- 
sey into a county, 505, .507, 512, 541. — 
To naturalize Peter Bard, .508, 510, 513, 

517. .535, .541. — To enalile owners ad- 
joining lands of Sarah Mickle, &c., 
to stop out the tide, 508, 510, 513, 548.— 
For reviveing Courts of Quarter Ses- 
sions, etc.. in Cape Mav countv, .508, 
510, 514, 548— To enable Sarah Ed- 
wards to sell a tract of land, 509, 510. 
523. — To enable executors of Miles 
Forster to sell lands, 516, 518, 531, 533, 
548. — To enable owners of meadows 
in the town of Salem to stop otit the 
tide, 516, 518, 529, 548.— To enable 
Thomas Lambert to sell lands, 516, 

518, 531, 533, 552.— For laying a duty 
on negro. Indian and mulatto slaves. 
516, 517, 520, 522, 523, .527, 532, .541.— 
To enable Thomas Gordon, Treasurer, 
to pay by His Excellency's Warrants, 
£987, 517, 519, 521, 523, 528,— For con- 



INDEX. 



569 



Arming couveyances of land made by 
wills and powers of attorney, and the 
■exemplirtcation of deeds, 517, 519, 520, 
529, 533, 552.— For settling the bound- 
aries of Somerset Middlesex and 
Monmouth counties, 518, 520, 548. — 
For explaining the act for ascertain- 
ing the qualification of jurors, 518, 519, 
541.— For confirming letters ■ of ad- 
ministration. 521, 531, 533, 552. — For 
Tendering more etfectual au act for 
regulating the purchasing lands from 
the Indians, 523, 525, 533, 534.— For 
naturalizing Stephen Chalmoth and 
Peter Romier, 5^7, 532, 533, 552.— For 
regulating white servants. 527, 530, 
535, 536, 511.— Declaring what deeds 
shall prove the chain of conveyances 
from the Crown of England, 532, 534, 

\ 536, 539.— To lay duty upou v?heat. 

V535-538. 541.- To continue and revive 
N,he currency of bills of credit to be 
sunk in 1712 and 1713, 536, 538. 541.— 
To enable certain trustees to dispose 
of a small estate in Burlington county, 
541-544, .552. — To establish a ferry 
betwixt Burlington and Bristol, 541, 
.544, 552. — To enforce the observation 

\of an ordinance to establish fees, 544. 
545, 546, 548, 552.— For the support of 
government for two years. .521, 544, 
545, 546, 552.— For collecting the arrear- 
ages of taxes since 1708, 547, 549. .550. 

Siographical Notes: Anthony BrockhoUs, 
9.— Elizalieth Carteret, 6.— Elias Mieh- 
ielson, 205. — Johannes Stinmates, 273. 
—Col. Richard Insjoldesbv, 30«.— Rob- 
ert Wheeler. 311.— Mary Bickley, 324.— 
Wequalia. an Indian King, 331. — Rob- 
ert Hunter, 425.— Peter Bard, 513. 

Bills of Credit: See Bills awl Acts. 

TBishop : John, Justice of the Peace, 40.— 
To hear case in Courts of Small 
Causes, 48.— lu Council, 188-194, 197, 

199, 200, 202, 208, 218, 219, 227, 234. 2;J7, 
239. 240, 24>,244-.>46.— Of a committee, 

200, 262. 270.— Messenger, 196, 227, 266- 
268, 270-27.3, 275. 276, 278. 279. 281-283, 
290, 291, 293, 296.— Oath of office, 296. 

L'.Iackefield : Peter, 397, 430, 431, 472. 
^•iumfield: Thomas, Coroner of Middle- 
sex county, 40. 

: oats and canoes, 150. 
iollen (Bollens, Bollon. Bullen) : Capt. 
.lames. Secretary, 4. 5.— Estate of, 11, 
12. 50 

Boubridge : Joseph, See Benbridge. 

Bond; Capt., 325. 

Uonde : Grinistone, 258. 

jBooks and papers relating to the private 
concerns of the Province : See Records, 
Books and Papers. 

Sound (Bowne): John. Speaker of the 
.Assembly, 7, 21, 31, 52, 53, .54, 55, 58, 61, 



63, 77, 82, 83, 88, 92, 93, 95.— Justice of 
the Peace of Monmouth county, 4t.— 
Justice of the Court of Common Right , 
42. — To hear cases in Courts for Small 
Causes, 48.— Petition of in behalf of 
the towns of Neversinkes, 71, 72, 73.— 
Petition for the removal of Capt. 
Baker, 115. — Commissioned as Major, 
116.— Petitions, 128, 129.— Dead, 155. 
Bowne : Andrew, Member of Council and 
present therein, 187-194, 197-209, 211, 
212, 214, 216, 218-220, 222, 226-231, 23.3- 
243, 246, 250, 251, 253, 255, 257-259, 261, 

263, 264, 266-268, 270-276— Administers 
the oath, to members of the House, 188. 
—Of a committee, 194, 19.S. 19«, 200, 203, 
206, 230, 258, 2i;0, 263, 264.— Chairman 
pro tern, of the Council, 196. — Mes- 
senger, 201, 211, 213, 215, 219, 232.— 
Frames bill for the support of govern- 
ment, 207, — Opinion of, relative to the 
ship Hester, 245.— Deputy Governor in 
the absence of Governor Basse, 266.— 
And takes the oath as such, 267. — 
Demands of Andrew Hamilton his 
authority for acting as Deputy Gover- 
nor, 277.— Claims to have a commis- 
sion as Deputy Governor from the 
Proprietor-s, 280.— Proclaims his com- 
mission, 281.— Oath of office. 295, 296. 
307. 

Bowne (Bound) : Gersham, 97, 125. 

Bowne: John, 194, 195. 

Bradford: Capt, 246. 

Bradford : William, 347. 

Bray: John, 134. 

Breading (Bradiug): Nathaniel, 308, 311, 

353, 357, 3.58, 361. 371. 
Brian (Brvan): Thomas. 526. 
Bridges, 51, 61, 63, 90, 106, 158. 
Broadwell: William. 96, 123, 128. 
BrockhoUs (Brockholes, Brockhouse) : 

Capt. .\nthonv, Notice of, 9. 
Brockhouse : Anthony, See BrockhoUs. 
Browne: John. 228,232. 
Burden: Benjamin, 134.— Elected Deputy, 

143.— Mes.senger, 217, 221, 222, 229. 233, 

271 — I )f a committee to confer, 231, 

264, 270. 

Burlington : A new road to, 229, 230, 231, 
232— St. Ann's Church at, 396.— A 
ferry from to Bristol, 541,544, 552.— A 
small estate in, 541-.544, 552. 

Bustill : William, 384, 426. 

Bverlv: Thomas, lu Council, 482, 483, 485, 
487-492, 494-497, 499. 502, 501, 505, 507, 
5f 9, 511, 512, 515. 517, 519, 521, 522, 524- 
528, 533, 535, 536, 538-540, 542, 543, 545, 
547, 548. 550, 553. 556-558, 561, 562.— 
Messenger, 501, 506, 522 —Complains 
against Mr. Reading and others, 516. 
522, 524. 555.— Of a committee, 521, 531, 
538, 549. 



C. 



■Camijbell : John, Justice of the Court of 
Common Right, 142.— Deputy, 147. 

■f'ampbell : Lord Neil. Commissioned as 
Deputv Governor, 160.— In Council, 
161, 162, 164-173.— Gives an account of 
the vessel taken away from the port 
of Araboy, 171. — His affairs call him 



to Britain, and ho nominates Capt. 

Andrew Hamilton to supply his place, 

171. — Commissions Hamilton, 174i 
Canada; War with the French in, See 

French. 
Cape May County Courts, 508, 510, 514, 51S. 
Carrington : John, 221. 



670 



INDEX. 



Carter : John, 18. 

Carteret : Elizabeth, Notice of, 6. — Re- 
ferred to, 8, 20, 29, 30, 51, 58, 118, 129, 

134, 135. 

Carteret : Sir George, 6, 14, 47, 50, 124, 152. 

Carteret : Governor Philip, 6, 11, 27, 29, 47, 

51, 91. 99-102, 109, 126, 128, 129, 132, 134, 

135, 137, 142.— Grants by, 316, 317, 319, 
325. 329. 

Cattle, 61, 119, 186, 498, 499, 501. 

Chalmash : Stephen. 527, 532, 533, 552. 

Charles: Simon, 525, 

Chief Ranger : See Ranger's Office. 

Christianson : Cornelius, 165. 

Christiansen : Hans, 165. 

Clarke: Benjamin, 147. 

Clarke : George, 424. 

Clements : Jonathan, 230. 

Gierke: Richard, 97. 

Codrinston (Codringson) : Thomas, Clerk 
of Middlesex county, 40.— Justice of 
the Court of Common Right, 48, 
99, 142.— Lands to, 55.— Petition of, 
101, 102. 113.— Referred to, 103.— Com- 
missioned Captain of Horse, 116.— 
Memberof Council, 120, 121.— Petitions 
Council, 123.— In Council, 126, 130, 161, 
175, 177, 179-1S2, 184, 183, 239, 240-2J3.— 
Of a committee, 179, 180, ISl, 183, 206, 
238, 200, 261.— Messenger, 207, 209, 211, 
212, 213, 258, 262.— In relation to the 
ship Hester, 245 —Referred to, 268. 

Cohcvwirhick : Indian Sachem, 331. 

Cole : Robert, 242. 

Collector of New York : Unaccountable 
practices of, 194, 202.— To be prose- 
cuted, 215. 

Commissions to olUcers to be made under 
the seal of thf Province, and signed 
by Deputy Governer, 46. 

Constables, 45.— A bill obliging them to 
serve, 228.— To be chosen yearly, 306. 

Conveyances, 191, 222, 225, 5l"7, 519, 520. 
529, 5:?3, 552. 

Cooke : Thomas, 200. 

(hooper: John, 261. 

Cooper : Thomas, 282. 

Combury : Lord, Governor of New York, 
Informed of the death of Governor 
Hamilton, 293.— As Governor of New 
Jersey, in Council, 301-305 —Petitions 
for money due him, 322.— Referred to, 
378, 47(;, 499, 5)7. 512, 546, 531. 

Cornelis : Mathewis, 34. 

Corneliesson (Corneliason) : Dedrick, 76, 
134. 

Coroners, 40, 41. 45. 

Corson : Cornelius, 12i 

Council : Acts of, See Bills and Acts. 

Counties: To divide the Province into, 
18.— On the Raritan, 183, 219 —To be 
divided into townships, 191, 200, 201.— 
To make rates to defray their debts, 
202. 203. — Ascertaining the bound- 
aries of, 320, 321, 323, 404, 403. 410, 411. 
— In Western Division of the Province, 
505, 507, »12, 541.— Of Somerset, Mid- 
dlesex and Monmouth. 518, 520, 548. 

Courts: All, and the procedure in, since 



the 2d of November, 1681, to be made 
void, 3, 10, 12.— Of Justices to be estab- 
lished, 19, 22, 23— For the determina- 
tion of small causes, 24, 25, 185, 186, 
197, 198-200.— Names of persons to de- 
termine cases therein, 48.— Two mem- 
bers to determine cases therein, 115.— 
Of Small Causes in Bergen county, also 
for Acquackanonck and New Barba- 
does, in the county of Essex, 183, 
185, 197-200, 259,/ 263.— Settlement of, 
303.— Fees of the several officers of, 
392, 393. 405, 406, 408, 410, 414, 423, 425, 

439, 443. — To prevent corruption in, 

440, 446, 453, 489, 491, 494, 541. 

Court of Common Right: Bill for settling. 
24.— Whether it should be combined 
with the Courtof Chancery, 25 —Rules 
and orders for, 26. 37, 38, 39.— Justices 
of, 4 i.— Session of, 49.— Fees of, 52, 64, 
75, 76. — Justices commissioned, 99, 
142. — Debate concerning. 114. — Bill 
concerning, 1.52, 153, 156.— To be held 
at Amboy, 157. — Regulating proceed- 
ings of 200, 203, 208, 209, 211, 212. 

Courtof Chancery : 25, 436. 4S9, 553. 

Courts: County or Quarter Sessions, Bill for 
settling, 24.— Officers of 40, 41.— Clerks 
of, to make out writs, 46, 47.— For the 
better proceedings of, 55. — Debate con- 
cerning, 114.— Justices of, appointed 
for Bergen county, 144.— Removal ol 
cases out of, 149. — Bills concerning, 
130. 163, 161, 167, 168, 210, 211, 215.— 
Fixiog the time of holding, 304, 305. 

Court of Conscience, 303. 

Court of Oyer and Terminer : Bill to es- 
tablisb, 200, 203. 

Court Houses and Goal es. See Bills and Acts. 

Courtland: Stephanus, 175. 

Coxe: Daniel, Member of Council, and 
present, 308, 309, 311, 312, 314-318, 320- 
322, 324, 330, 333, 339, 340, 349-351, 353, 
35^1, 357, 359, 360, 362, 364. 365, 369, 371, 
373, 374, 377, 379, 383, 384, 387, 388, 390- 
394, 396, 398, 401, 402, 403, 407-411, 413. 
420, 421, 423-426, 430-432, 434. 435, 438- 
442, 446, 447, 450, 451, 453, 455-457, 460, 
462, 463, 465. 469, 472-476, 478-481.— 
Oath of office, 310. — Of a committee, 
330, 333, 360, H91, 400, 403, 405, 444, 460. 
480.- Referred to, 400, 560. — Intro- 
duces a bill, 433, 434.— To be prose- 
cuted for contempts and misdemean- 
ors, 563. 

Grain; Azariah, 206, 209, 210, 211, 213. 

Craine : Jasper, 205. 

Crimes punishable, 33. 

Crips: Nathaniel, 308, 320, 369. 525. 

Currency of Bills of Credit : See Bills and 
Ads 

Curtilian: Jaques, 142. 

Curtis (Courtis) ; John. 34, 58. — Messenger,. 
75. 78, 145, 181.— Elected Deputy, 143, 
176. 

Customs: Collector of, at Amboy, ap- 
pointed, 175 

Cutler: William, . 309, 510. 



D. 



Dale (Dole) : John, 510, 513. 
Darby : Joseph. 345. 

Davonport : Francis, in Council as a 
member, 301-306. 



Deacon : George, in Council as a member, 
301-306, 369, 371, 374, 377. 379, 383, 390, 
392-394, 396, 398, 401, 402, 405, 407, 409- 
411, 413, 420, 421, 423-126, 430-432, 434, 



INDEX. 



571 



435. 438-440, 444, 447, 450, 453, 462, 4f.3, 
468, 469, 472, 482, 483, 615, 517, 521, 522, 
524-528, 533, 535. 636, 538-540, 542, 643, 
545, 547, 548, 550, 553. 

Debt accounts, 151, 152. 

Debts: Recovering of, 110, 358, 359, 376, 
376, 380. 

Decent : .John, 140. 

De Cow (Decou) : Isaac, 426, 466, 526. 

Dedericky (Dedereks) : Hans, Justice of 
the Peace of Bergen county, 41. — To 
hear cases in Courts for Small Causes, 
48, 119.— Petitions for a patent, 131. 

Deeds: Translating, recording, &c., of, 
222, 225, Sl-S, 318, 319, 391-393, 400, 401, 
433, 434, 489, 493, 506. 508, 532, 534, 536, 
539, 552. 

Delevall : John, 102. 

De Marais(De Marae, De Mare, Demarest) : 
David, 35, 127. 137, 138. 

Demarest (De Mare, Marais, Macias) : 
John, 116, 131, 138. 

De Hare : Samuel, 127. 

Denn : John, 496. 

Dennis (Dennes) : Samuel, Justice of the 
Peace, 40. — Justice of the Court of 
Common Right, 42, 99, 142.— In the 
Court of Small Causes, 48.— To prose- 
cute Vicars and others, 53. — As mem- 
ber of a committee, 58, 107. 194, 196, 
203, 206, 258, 262, 270.— Chief Ranger, 
117.— Member of Council, 120, 121.— In 
Council, 123, 125, 132, 139, 141, 143, 145, 
147, 148, 150, 1.56, 160, 182, 192-194, 197, 
198, 200, 202, 204-206, 214, 216. 234, 237- 
246, 266, 273, 275, 276, 278, 279, 281-283, 
290, 291, 293 —Messenger, 146, 149, 152, 
15:?, 165. 196-199, 203, 205, 207, 215, 217, 
219, 220, 260, 271.— Arrested for holding 



/ 



court contrary to law, 173.— Elected 
Deputy, 176.— Chosen Speaker, 236. — 
Oath of office, 296. 

Deputies: Rates for, 112.— Pay to, 146, 147, 
201. 

Deputies : See. also. Bills and Acts. 

De Vow (De Voe) : Nicholas, 128, 131. 

Disenabling certain persons, 13, 15, 18. 20, 
43, 264. 

Dispatch (Ship). 243, 244. 

Dockwra: William, 132, 189,242, 274.— In- 
formation against, 279, 283-292.— Re- 
ferred to, 282. 

Dod : Daniel, 196. 

Dongan : Col. Thomas, Vice Admiral of 
New York, demands the body of 
Richard Hartshorue, 144, 145, 147, 148. 
— His letter referred, 1.83. 

Dotey: Samuel, 116. 

Drake : Francis, 97. 

Drake : George, Elected Deputy, 149, 176. 

Drake : John, 195, 198, 200, 201, 203, 345. 

Drinking, Swearing and Sabbath-break- 
ing : Proclamation against by the 
Council, 238. 

Drinks : See Strong Drink. 

Drunkards, 34. 

Duncan: George, 381, 388, 399, 419. 

Dundas : James. Member of Council and 
present therein, 187-194, 197-202, 204- 
209, 211. 212, 214, 218-220, 222, 226-228, 
230, 231, 233-238.— Of a committee, 200, 
206, 230.— Messenger, 197, 198, 201, 211, 
213. 214, 221-223, 2Jb. 230.— Frames a bill 
for the support of Government, 207. — 
Administers oath, 236. 

Durham : John, lis. 

Duty: John, 167, 1(W. 

Dyer: William, Collector of Customs, 142. 



E. 



Earle: Edward, Jr., 205, 206, 212-214, 215. 
219, 220, 255. 261.— Chosen Speaker of 
the House, 259. 

East New Jersey : Scheme of Government 
or Fundamental Constitutions for, 151, 
151, 158. 

Easton : John, 616, 518, 552. 

Edwards : Robert, 510. 

Edwards : Sarah, 509, 510. 

Eldridge : Ezekiel, 353, 361, 380. 

Elections : Bill concerning. 265, 447, 450. 

Elizabethtown: Claims of, under the 
Nicholls patent, 74. — Petition of, 427, 
431, 485. 

Emott: James. Clerk of the Council, 12.— 
Clerk of the County Courts, 40.— Chief 
Ranger, 117.— Petition of, 138— Made 
Chief Secretary and Register, 141, 150. 
— Issues proclamation of Lord Neil 
Campbell as Governor, 160 — Secretarv 
of the Council, 161, 162, 164-175, 177, 



178-182, 184, 185, 187 —Messenger. 163, 
169. — Commissioned Captain, 172. — 
( 'lerk of the Peace, 172. 

Enslie : John. 220-222. 

Esmonds: David, 127. 

Essex County : Justices of the Peace and 
other officers. 40. 

Eptkeyes : Dericke, 165. 

Eptkey: Weart, 165. 

Etsall (Edsall) : Samuel, 14.— Bill against, 
IS.— To be disenabled, from bearing 
public office, 20.— Referred to, 23.— 
Clerk of the Court of Common Right, 
42.— Presented to the Grand Inquest, 
,53.— Process to be made out against, 
59 — To report on certain disputed 
claims, 138.— Elected Deputy, 143.— 
Messenger, 145. 

Excise upon strong liquors, 192, 198, 200, 
202. 



F. 



Farmer: Thomas, 308, 353, 371, 378, 414, 
415-418, 421, 426, 428, 451, 463, 462, 465, 
468, 476, 479, 503, 605, 507, 517. 

Fast : A general proclamation of, 360. 

Fauconnier : Peter, Receiver-General, 307, 
421, 424, 476, 496. 

Fees : Regulating, appointing, 154, 156, 
157, 165, 166, 228, 231, 320, 321, 324, 392, 



393, 395, 396, 404, 405. 406, 408, 409, 410, 
411, 413, 414, 423, 425, 439, 443, 459, 535, 
538, 540, 544, 645, 646, 548, 552. 

Felons, 231. 

Femme Covert, 190. 

Fences : Relating to. 31, 43. 61, 03, 106, 108. 
153, 392. 393, 391, 395, 396, 398, 410, 425, 
498, 499, 500, 503, 507, 648. 



572 



INDEX. 



Perries, 51, 00, 106, 153. 

Firewood, 207, 208. 

Fishery: Bill for the encouragement, 433. 

Fitzrandolph : John, 198. 

Fitzraudolph : Nathaniel, 50. 

Fitzrandolph : Thomas, 200, 205, 206, 210, 
213, 217, 384 

Fletcher: Benjamin, Goveruor of New 
York, 193, 232. 

Fletcher: Mary, 120. 

Fletcher: Pembleton, 127. 

Fletcher: Seth, 126, 127. 

Foreign coin, 314, 316. 

Fornication : To punish, 35, 147, 148. 

Foster CForster): Myles, Collector of Cus- 
toms at New Perth, 175, 382.— Referred 



to, 415.— Bill relating to, 516, 518, 531, 

533 518 
Foukes: Thomas, 331. 
Foulkes: Mr., 490,491. 
Fox : Edward, 29, 36. 
Frazee: Joseph, 183. 
French: War with in Canada, 179, 180, 

181, 185, 186, 191-193, 195-199, 213, 229, 

230-231, 265, 331, 332, 334-336, 339, 341, 

319, 350, 352, 363, 366, 386, 423, 443, 444. 

446, 479-481 
Fretwell : Peter, 311, 384, 3,8.5, 388. 397, 399, 

404, 4-26, 428, 445, 416, 448, 4.53, 462, 503, 

50.5,540,514. 
Fundamental Constitutions, 151, 154, 158. 



Gaming, 227. 

Gardner : John, 230. 

Gardiner: Thomas, 308, 361, 366, 375.— In 
Council, 425, 426, 428, 430-432, 434, 435, 
438-440, 442, 444, 4 16, 450, 451, 453, 457, 
460, 463,463-169, 173,515. 

Garton: Thomas, 345. 

Geese, 64. 

George : Proclaimed King of Great Brit- 
tain, itc, 556. 

Gibljius: Richard, 134. 

Gillman : John, 16, 25, 34, 48, 57, 59. 

Gloticester Count v Courts, 392, 393, 395, 396, 
398, 410, 413, 125, 447, 4.50, 451, 453, 470. 

Goales : See Bills and Acta. 

Goodman : Charles, 266 2ii9, 277. 

Gookin (Gosking) : Charles, 341, 342, 314, 
346, 348, 349. 

•Gordon : Thomas, Deputy Secretary of the 
Province, 189.— Sworn, 193.— Messen- 
ger, 195, 196, 199-202, 204, 212-214, 217, 
219, 222, 223, 225, 227, 228, 232-234, 251- 
253, 255, 256, 263-265, 398, 496, 498, .')0r.. 
508, 520, 524, 530, .544.— Sent to England 
on public business, 235, 236.— Deputed 
Secretary and Retrister, 242.— Referred 
to, 260, 320, 324, 418.— Suspended as 
Clerk of the Council, 266.— Attorney- 
General, 27.3-275.— Not thought fit to 
act as such iu the trial of Morris and 
Willock, 276.— To keep papers and 
records, 279 -Sworn as a Representa- 
tive, 308, 384.- Referred to, 3<!0, 324.— 
Speaker of the House. 353 —In Coun- 
cil, 425, 126, 428, 4;i0-132, 435, 438-442, 
444, 446, 447, 451, 453, 456. 457, 460, 462, 
463, 46.5-169, 473, 475, 478-480, 481, 488- 
491, 494-197, 499, 502. 504, 505, 507, .509, 
511, 512, 515, 517, 519, 521, 521-528. 533, 
535, 536, .53S-.540, 542, 543, 545. 547, 548, 
550, 553, 556-558, 561-563.— Of a com- 
mittee, 416, 436, 444. 195, 500, 513, 514, 
519, 520, 529, 537. 539, 549. -As an at- 
torney, 472, 509.— His account as Treas- 
urer of charges and expenses, 515.— 



Authorized to pay warrants, 517, 519' 
.521, 522, 527. — To receive public re" 
cords, 534. — To draw up an ordinance 
relating to fees, 535, .538. 510— To 
prosecute Attorney-General Gnthth, 
561 —Sworn as Attorney-General. 562. 

Goring : Peter, 345. 

Gosliuvc : John, 525, ,526. 

Gosuev : John, 385. 397. 

Government : Support of, 159, 162. 104, 169, 
207, 213, 214, 222, 224, 225, 226, 228, 229, 
320, 321, 322, 328, 363, 366, 370, 371, 374, 
380, 399, 400, 404, 405, 410, 411, 435, 441, 
448, 453, 455, 457, 458. 459, 463, 469, 521, 
544, 545, 546, 552. 

Graham (Grayham): James, 9, 12, 58, 104, 
123, 174, 175. 

Grants : Bill for explaining of, 310, 317, 
319, 325, 329. 

Greeueland : Samuel, 14, 15, 16, 30. 

Greenland : Henry, 53, 59, 103. 

Griffith: Alexander, Attorney-General, 
302, 472, 487.— Complaint against as 
Attorney-General, 542, ,557.— Opinion 
of the Council relative to, 558. — Sus- 
pended from otHce, 561. — Notified 
thereof 502. 

Griffith: Benjamin, 114.— Clerk of the 
House, 144.— Deputy, 170. — Messenger, 
179, 185, 227.— In Council, 276-279, 2Sl- 
283, 291.— Oath of office, 296.— Mutila 
tiou of the records, 358-300, 364. 

Groome (Groom) : Samuel, Proprietor in 
Council, 0, 8, 11, 13, 15, 20, 21, 24, 25, 
26. 28, 34, 44, 69, 72, 75, 82, 88, 102, lOJ. 
— Justice of the Court of Common 
Right, 42.— Referred to, 99. 100, 102, 
103, 104, 105.— Death of, referred to, 
111, 112. 

Grover : James. 48, 71, 116, 358. 

Grover: Safty, 116. 

Guljertson : Joliu, 511. 

Gyles: Mat hew, 140. 

Gyles: James, 29, 40. 



Haige: William, Elected Deputy, 143,176. 

— Messenger. 180, 185. 
Hall : Richard, 102. 
Hale : Samuel, in Council, 276. 277, 279. 

281-283, 290, 291, 293.— Oath of office, 

296. 



Hall : William, Member of Council and 
therein present, 308. 309, 311, 312, 314- 
318, 330, 332, 333, 339, 340, 319, 350, 353. 
354, 357, 384, 430, 431, 440-442, 444, 44<;, 
447, 4.50, 451, 453, 455-457, 462, 463, 403- 
469, 472, 473, 475, 479, 481.- Messenger, 



INDEX 



573 



319.— Of a committee, 330, 464, 466, 467. 
—Referred to, 310. 

Hamilton : Andrew, Member of Council 
and present therein, 161, 162, 164-175, 
177, 179-18:^, 184, 185, 187-194, 197-209, 
211, 212, 214, 216, 218-220, 222, 226-231, 
233-237, 276-279, 281-283, 290, 291— Mes- 
senger, 165. — Commissioned Deputy 
Governor, 174. — Chief Governor, 187. 
— Appoints Andrew Bowne temporary 
chairman of the Council, 196.— Of a 
committee, 206.— Letter from to the 
King's Privy Council, 235.— Letter to 
from the Proprietors, ordered to be 
recorded, 240. — His authority for act- 
ing as Governor demanded, 277. — Re- 
fuses to surrender the government to 
Andrew Bowne, 281, 282.— His death 
announced, 293. 

Hamilton : Col. John, Member of Coun- 
cil, 482, 487-492, 494-497, 499, 502, 507, 
509, 511, 512, 515, 519, 521, 522, 524, 525, 
527, 533, 535, 536, 538, 540, 542, 543, 515, 
547, 550. 553, 556.— Of a committee, 501, 
520, 523, 533, 537.— Messenger, 521, 534, 
538 

Hamilton : Robert, 133, 174. 

Hampton : Andrew, 265. 

Hamsson : John, See Harrison: John. 

Hankinson : Thomas, 511. 

Hannce (Hans, Hause) : John, 34; — Justice 
of the Peace of Monmouth county. 
41. — To hear cases in Courts for Small 
Causes, 48. — Of a committee, 107. — 
Deputy, 143.— Messenger, 145, 269. 

Hardingbrook : John, 345. 

Harriman : John, Chosen Speaker of the 
House, 204, 250 —Messenger, 211, 217, 
221.— Signs as Speaker, 258.— Retires 
from Speakership, 269.— Of committee 
to confer, 272 

Harriot: David, 211. 

Harrison : George, 364. 

Harrison (Hamsson) : John, 308, 326, 353, 
357, 361, 373, 378, 384, 415, 418, 419, 421. 

Hart : Thomas, 283. 

Hartshorne (Hartshowrne) : Richard. 34. 
—Sheriff of Monmouth county, 34, 77. 
—Deputy, 58, 03, 69, 143, 176.— Patents 
of, 71, 72, 73.— Messenger, 82, 83, 199, 
205-207, 211-215, 237, 260 261, 265.— Of 
a committee, 94, 196, 258, 262-264, 270- 
272 —Of Governor Lawrie's Council, 
120, 121.— Referred to, 129.— Writ to 
take his body, 144, 148. — Speaker of 
the House, 144, 159, 169, 216, 226.— Of 
Governor Basse's Council, 239, 244- 
246, 266, 273-275. 

Hatfield : Lsaac, 230. 



Heath : Andrew, 421. 

Ileathcoat : Caleb, 343, 34i, 346. 

Heathcott : George, 99. 100, 112. 

Hedge: Samuel, 397, 499. 

Henderson : Mathew, 131. 

Hessells (Hestells) : Peter, elected Deputy, 
143, 176. 

Hester (Ship) : 244, 245, 263. 

Higgins: Jediah, 116, 228, 230, 232, 233, 
257, 260, 261, 26:^, 26S. 270, 271. 

Higgens: Thomas, 206, 212, 220. 222. 

Highways: 51, 52, 61, 63, 90, 106, 153, 155, 
158, 399, 400, 402, 404, 502, 503, 540. 

Hilburne : Thomas, 228, 230. 

Hogs : See Sivine. 

Holmes : Obadiah, 266. 

Hoop (Hooper): Daniel, 13, 19, 91, 97.— 
Justice of the Court of Common Right, 
99. 

Horses: 109, 110, 119, 190, 191, 397, 400. 402, 
410, 425, 498, 499, 501. 

Howlett, George, 116. 

Huddy : Hugh, Takes oath of office as a 
member of Council, 310. — In Council, 
309, 311, 329, 330, 332, 333, 339, 340, 349- 
351, 353, 355, 357, 359, 360, 36J, 364, 365, 
369, 371, 374, 377, 379, 383, 384. 3^7, 389- 
394, 396, 398. 401, 402, 405, 407-411, 413, 
420. 421, 423-426, 428. 430-432, 434, 435, 
437-442, 444. 447, 550, 451, 453, 457, 460. 
463, 466, 468, 472. 476, 478-480, 483, 485, 
487-492, 494-497, 505. 507, 509, 511, 512. 
515, 521, 522. 524, 525, 527, 528, 535, 538- 
540, 542, 543, 545, 517. 548, 550.— Of a 
committee. 330, 339, 360, 402, 466, 467, 
492, 512, 529.— Referred to. 381,— Moves 
an address to the Governor, 436. 

Hude : Adam. 414, 417, 418, 421, 426. 466. 
485. 507. 550. 

Hull : Benjamin, 40, 48. 

Hulls ; Samuel, to hear cases in Courts for 
Small Causes, 48. 

Humphreys : Joshua. 426. 

Hungerford : Mr., 244. 

Hunt : Josiah, 345. 

Hunt : Leonard, 17. 

Hunter: Robert, Governor in Council, 
425, 426. 430-432, 434, 435, 438-142, 444, 
446, 447, 450, 451, 453, 455-457, 461, 462, 
463, 465-469, 472, 473, 475, 476, 478-483, 
485, 487-492, 491-497, 499, 502, 504, 505, 
507, 509, 511, 512, 515, 517, 519, 521, 522, 
524-528, 533, 535, 536, 538-540, 542, 543, 
545, 547, 548, 5-50, 553, 556-558, 562, 563.— 
Addresses to, 436, 473, 486, 558.— Ad- 
dress of, 474. 

Hunterdon County : Courts of Judicature 
in, 540. 



I. 



Immoralitv : Act for preventing, 502, 530. 
Incest : To punish, 35, 147, 148. 

Indians : The sale of strong liquors to, 
prohibited, 31, 33, 81, 85. 86, 90, 107, 190, 
200, 203.— Treaties with, 82, 90, 111, 112. 
—Trade with, 109.— Sending expresses 
to, 331.— The Five Nations in the ex- 
pedition against Canada, 349.— As 
slaves, dutv on, 516, 517, 520, 522, 523, 
527, 532, 541.— Purchase of lands from, 
523, 525, 527, 533, 534 

Indian Names : Korough, 137, 138.— 



Mumshaw, 137.— Ohwselopp, 331.— 
Cohevwickick, 331— Mahwtatatt, 331. 
— Meshuhow, 331,— Weequohela (Wee- 
quehela, Wequalia), 331, 350. 

Informations: To prevent prosecutions 
bv, 358, 359, 391, 392, 402, 411, 413. 414. 
4:«, 434, 489, 490, 511. 

Ingoldesby : Richard, Notice of, 308 — 
Lieutenant Governor of New Jersey, 
311.— In Council, as Governor. 31'!, 
329, 330, 332, 339, 343, 345, 346, 359, 360,. 
362, 364, 365, 309, 373, 374. 377, 879, 383, 



574 



INDEX. 



384, 387, 3«8, 390-394, 396, 398, 401, 402, 
405, 407, 408-111. 413, 420, 421, 423, 424. 
—Address to, 342. — Addresses of to Col. 
Francis Nicholson, 344, 351, 352.— Com- 
mission of, to the same, 347, 348. — 
Addresses of, to the Queen, 355, 365.— 



Address to bv the Speaker of the House, 
389.— Referred to, 438, 439. 
Inians (Injans. Invens, Ininians) : John, 
7. 10, 134, 159 —In Council. 218-220. 222, 
235. 2.3t), 259, 261, 263,— Of a committee, 
260, 203.— Oath of office, 295, 296. 



Jacobs : Eptkey. 165. 

Jails: See Goales. 

Jamaica act, 257. 

James: Duke of York, proclaimed King, 
141. 

Jameson : David, Chief Justice, 557. 

Janson : Alattys, 133. 

Janson : Caspar, 133. 

Janson : Chiuse, 228. 

Jenings : Samuel, in Council as a member, 
301-306. 

Jerlev: John, Elected Deputy, 143. 

Jewell : John. 302, 301. 

Jewell : George, 6, 28.— Complaint against, 
230. 242. 4Sj, 488. 

Jewell : Thomas, 511, 559. 563. 
-'John.son : Jacobus, 131. 

Johnson : John. 292, 345, 888, 389, 426. 433, 
452. 457, 465, 476, 479, .539. 

Johnson : Joseph, 116. 

Johnson : Peter, 131. 

Johnson : Richard. 308. 315. 377. 

Johnson : Thomas. 34.— Justice of the 
Peace of Essex county, 40.— To prose- 
cute Vicars and others, 53.— Bond re- 
lating to. 57.— Messenger, 77, 78.— Of a 



committee, 94. — Justice of the Court 
of Common Right, 121, 142. 

Johnson : William, 11, 14, 33, 140. 

Johnstone: John, Commissioned a mem- 
ber of Governor Campbell's Council, 
161.— In Council. 161, 165-174, 185, 187. 
— Appointed guardian, 170. 

Jones: JeflFery. 11, 14 —Elected Deputv, 
176. 

Jones : Richard, 124, 125. 

Juries: Bill concerning, 87, 89.— Men on 
who cannot take an oath. 146 —Man- 
ner of summoning, 182, 183.— Qualili- 
cations of, 318. 319, 322, 323, 327, 433.— 
Quakers as jurors, 433, 435, 490, 491, 
492.— Special, 493, 494, 495, 498, 506.— 
Affirmation of (Juakers as jurors to be 
taken, 496, 498. 500-506, 541.— Explain- 
ing the qualification of jurors, 518, 
519, 541. 

Justices of the Peace: Four in each 
couuty, 19.— Courts of, 19.— For the 
several counties, 39, 40, 41. — Subscrip- 
tions by, 43.— Not toi'lead asattorneys, 
208, 209, 211 — To summon town meet- 
ings, 228. 



Kaighon : John. 308, 38t, 426, 448, 507, 508, 
510, 513, 517, 522, 544, 547. 

Kay: John, 318, 325, 326, 384.— Chosen 
Speaker and addresses the House, 
385, 426.— Addresses the Governor, 
389, 428, 477, 481.— Takes oatli of office, 
426. 

Kidd's (Captain) men. 275. 

Kimbell : Henry, 267. 

King : Thomas, 137. 

King's proclamation, 130. 

Kingsland : Isaac, Sheriff of Essexcounty, 
24, 33, 40.— A member of the Council, 



136.— In Council, 136, 139, 141, 142, 147, 
152-157, 160, 170-173, 175, 177, 179-182, 
181, 185, 192, 209, 211, 212, 214, 227-231, 
233. — Commissioned Justice of the 
Court of Common Right, 142.— Peti- 
tion against, relative to lands, 150.— 
Messenger, 151, 178, 183, 186, 209, 227. 
228, 229, 230, 232.— Commissioned as 
Captain, 172.— Sworn as member of 
the House, 193. 

Kinsay : John, 308, 325. 326, 375. 

Korough : An Indian, 137, 138. 



Laing: William, 206, 211, 215, 221, 222. 

Lambert: John, 133. 

Lambert: Thomas, 385, 398, 399, 426, 510, 
518, 531, 533. 552. 

Lancer : Isaac, 210. 

LangstafTe : John, 176. 

La Row : Jacques, 133. 

Law : Arbitrary proceedings at to be 
prohibited, 26, 43.— Due regulation of 
executions, 81.— Proceedings at to be 
rectified, 115.— Vexatious suits at by 
strangers. 112.— Vexatious delays in", 
118. — Actions to be tried where they 
arise, 148, 149, 167.— When damages 
are less than £20, 149. 150, 151.— Regu- 
lating the practice of, 318. 319. 327, 327, 
439, 441, 447, 449.— Prosecutions by in- 
formation. 358, 359, 390, 391, 402, 411, 



413, 414, 433, 434, 489, 490, 493.— Fees of 
officers and practitioners, 439, 443, 458, 
487.— Actions under £10, 442, 445.— 
Shortening law-suits, 494. 495, 497, 503. 

Laws: General, a bill for, sent from the 
Assembly, 20, 26, 27, 29, 31.— The pub- 
lication of, 83, 265.— Errors in certain 
acts, 182.— Certain printed acts as ef- 
fectual as the originals, 449-451, 457, 
461-463, 467. 

Lawrence : Elisha, 308, 311, 314, 353, 357, 
373, 383, 384, 385, 388, 397, 399, 404, 449, 
505. 

Lawrence : Otto, 110. 

Lawrence : William. 41, 138.— Deputy, 17ii. 
— Speaker of the House, 193. — Messen- 
ger, 206, 209, 210, 212, 214. 217, 220, 228, 
229, 232. 233, 256, 257, 260, 262, 541, 547. 



INDEX. 



575 



—Of a committee, 206. 231, 260-264.— 
Oath of otRce, 42il.— Referred to, 45'J. 
Liawrenson : Andresse, 165. 
Lawrenson : Lawrence, 163. 
Lawrie; Gawen, 112.— Deputy Governor, 
120, 121.— In Council. 12:i, 125, 126, 130, 
132, 136, 139, 141-143, 145, 147, 148, 150- 
157, 160, 16 L, 162, 1(;9-172. 174.— Answer 
to Eliz. Carteret's petition, 135.— Pre- 
sents scheme of government for East 
New Jersey, 151. — Commissioned a 
member of Governor Campbell's 
Council, 161.— In relation to raising 
supplies. 169.— Protests against the 
appointment of Capt. Hamilton as 
Deputy Governor, 172. 

Lawrie ; Thomas, 127. 

Leeds -. Daniel, in Council as a member, 
301-306, 525.— Complained of by Mr. 
Byerly, 516, 524. 625, 526. 527.— Of a 
committee. 534.— Malversations in 
ofBce of. 551, 559.— To be prosecuted 
for the same, 563. 

Leets : William. 133. 

Legislature : See Bills and Acts. 

Leonard : John, 331. 

Leonard : Samuel. 17, 205. 206. 200, 211, 212, 
215, 217, 218. 219, 221, 222.— In Council, 
276-279. 281-283, 290, 291.— Oath of 
office, 296, 

Lewis : John, 314. 326. 384. 

Lippingcott : Richard, 41. 



Livingston : Robert. 345. 

Longfleld : Cornelius, 16, 109, 132, 133, 2.37, 

426. 
Looker : William, 228, 229, 230, 274. 415, 

487, 488. 
Lord's Day : Bill for better observance of, 
36, 37.— Rudeness and irreligious ex- 
ercises thereon, 42. — Proclamation 
against breach of the Sabbath, 238. 
Lovelace : Lady, 430, 431. 
Lovelace : Lord John, Governor of New 
Jersey, commission read, 307 . — In 
Council, 307-309, 312, 314-318, 320-322, 
324-326, 328.-Speech of, to Council, 
309.— Instruction to, 335.— Referred to. 
365. 368, 376, 378, 386, 458. 468. 
Loveridge : William. 236. 
Lumber: 208-212, 215, 220. 
Lyal (Lyell) : David, 280, 292. 
Lvon : Benjamin, 308, 311. 326, 353, 373, 380. 
Lyon : John, 194, 200, 202.— Of a commit- 
tee to confer, 196, 200, 203. 
Lyon : Henry, 34.— Justice of the Peace. 
40.— Of the Court of Common Right, 
42, 48, 142.— To hear cases in the Court 
of Small Causes, 48.— In relation to the 
Elizabethtown claims, 74.— Messen- 
ger, 68, 93, 149, 150, 1.53.— Moneys to be 
paid l)v, 119.— Member of Council, 120, 
121.— In Council, 123, 125. 126, 130, 132, 
136, 139, 140-143, 145, 147, 14S, 150-153, 
155, 156, 160. 



M. 



Mackillson (Machielson) : Enock, Justice 
of the Peace of Bergen county, 41.— To 
hear cases in Courts for Small Causes, 
48, 119.— Deputy, 176, 353.— Messenger, 
380. 

Magazine of powder and shot, 232. 

Mahwtatatt : Indian Sachem, 331. 

Manitou Creek, 502. 503, 513. 

Mans (Morris) : William. 312. 

Market at Perth Amboy, 151, 152. 

Markham : Jeremy, 97. 

Marriage : Practice in regard to licenses, 
139.— Licenses, 200, 202. 

Marsh : John, 76. 

Marsh : Joseph, 426. 466. 

Masson : John, 426, 507. 

Mathews : Capt., 244. 

Mathewes : Thomas, 134. 

Mathie : John, 258. 

Meadows : Petition relating to, 57, 61.— 
Acts relating to, 457, 459, 460, 462, 479, 
502. 503, 508, 510, 513, 516, 518, 529, 548, 
552. 

Meshuhow : Indian Sachem, 331. 

Mickle : Sarah, 508, 510, 513. 

Mickellson (Mackillson, Makeelson. Mek- 
ellson, Michielson) : Elias, 34.— Justice 
of the Peace of Essex county, 40.— 
Messenger. 75, 205, 221, 222, 264, 270.— 
Petitions for a patent. 131.— Notice of, 
205.— Takes oath of allegiance, 312. 
Middlesex County ; Justices of the Peace 
and other officers. 40.— Court of Ses- 
sions in. 165.— Settling the boundaries 
of, 518, 520. 548. 
Middleton : Hugh, 308, 321, 331, 426, 465, 

479. 
Militia : Bill concerning, not to extend 
to persons conscientiously refusing to 
bear arms, 35.— Trained band, 75, 76.— 



A second bill. 81, 85, 86, 90, 111-113, 116, 
203, 212, 213, 215, 326-328.— Officers of. 
commissioned, 172. — Quotas furnished 
by several of the Provinces to serve 
against the French in Canada, 335. 
336.— Avoiding service in to be pre- 
vented, 339, 341, 350, 363.— Punishing 
deserters. 419-421. 423.— Relieving per- 
sons aggrieved by acts concerning, 
450, 456.— The reviving of, in the 
Province, 451, 456, 460, 461, 526, 527, 
'}29, 539, 511,— To encourage volun- 
teers, 479-181. 

Mills, 63. 

Minevell, Ga., 101. 

Ministers, 210. 

Mitchell : Richard, 17. 

Mitichel : Mary, 124. 

Mompesson : Roger, in Council, and 
therein present, 307, 314, 315, 317, 318. 

322, 324-326, 328-330, 332, 333, 339, 343. 
315, 346, 349, 3.53, 354, 357, 369. 371, 373, 
374, 377, 379, 383, 384, 387, 388, 390-394, 
396, 398, 401, 402, 405, 407-411, 413, 420, 
423-425, 430, 432, 434, 435, 438-442, 444, 
447, 451, 4.53, 455-457, 460, 462, 463. 465- 
469, 472-476-478-181.— Messenger, 322.— 
Of a committee, 330, 333, 339, 341, 376, 
405, 433, 435, 451, 4.53, 454, 457, 462-465, 
467.— Presents reports of committees, 

323, 324, 327, 374, 375, 377, 379, 394, 395, 
401, 408, 413, 414, 419.— Introduces bill. 
439 

Money act, 190. 

Monev: Rates of, for the payment of 

debts, 358, 359, 375, 380. 
Monmouth County : Justices of the Peace 

and other officers, 41.— Highways, 

bridges, &c.. in, 155.— Settling the 

boundaries of, 518, 520, 548. 



576 



INDEX. 



Monnell : Gabriell, 128. 

Montgomery : William, 488, 489, 490, 491. 

Moores (Moore) : Samuel, 17.— Sheriff of 
Middlesex county, 24, 29. 40.— Sub- 
scription of allegiance, 34.— Applies 
for administration of the estate of 
Capt. James BoUon, 50.— Petition of, 
50.— To prosecute Vicars and others, 
53.— Member of .loint Committee. (i5, 
69.— Petition of, 7i;— Messenger, S2, 83. 
— In regard to liis salarv as Sherifl', 
84.— Petition, 120.— Elected Deputy, 
170. 

Morris : Lewis, Member of Governor Rud- 
vard's Council, 4.— In Council, 4, O, 8, 
il, 13, 15, 17, IS, 20, 21, 24-20, 43, 44, 49- 
51, 57, 99, lOJ.— Land patented to him, 

• 17 — Sheritl' of Monmouth county, 24. 
— Commissioni'd l^nsign, lltl.— Justice 
of the Peace of the Quorum, 40. 41.-'- 
Justice of the Court of Ci namon Right, 
99, 142.— Opinion of. 101.— :Menibor of 
Governor Lawric's Council, 120, 121.— 
Left the Province, 155. 

Morris: Lewis, 2d., Member of Governor 
Hamilton's Council, and present in 
Council, 192, 193, 205-207, 210, 218-220, 
293, 300-309, 315-318, 320-322, 324. 425, 
426, 428, 430-432, 434, 435, 438-142, 444, 
446, 451, 453, 457, 401, 464. 466-169, 472, 



473. 470, 478-481, 488, 490-492. 494-497. 
499, 502, 504, 505, 509, 511, 512, 515, 517,. 
519, 522, 524, 525, 527. 528, 533, 535. 530, 
538-510, 542, 543. 545, 547, 548, 550, 553, 
557. 558, 501-503.— Ordered before the 
Council, 206, 267.— Elected a member 
of the Assembly, 208.— Letter from, to 
the Council, 209— Letter sent to the 
House, 270, 271.— To be tried in the 
Court of Common Right, 276.— On the 
susi)ension of, 307, 369.— Of a commit- 
tee, 200, 435, 439, 491, 492, 494, 499, 500. 
514-517, 5J9, 532, .533. 535, 510, 5(;3 — 
Messenger. 207, 219, 221, 230. 237, 323, 
504, 508, 523.— Books of the West Jersey 
Society to be delivered to, 507. — Moves 
the opening of a Court of Chancery, 
553. 

Mott : Gershom, 308, 315. 331, 353, 354, 355, 
383, 384, 388, 399, 426, 459. 

Mudie (Mudy) : David. Justice of the 
Court of Common Right, 142.— Mem- 
ber of Council. 161.— In Council. 161, 
102, 161-170, 187-194. 198-201, 204-209, 
211, 212, 214, 210, 218-220, 222.— Jles- 
senger, 163, 209, 217, 21S, 219, 221 — TO' 
meet in conference, 200, 203. 

Mulford : Samuel, 345. 

Mumshaw : An Indian Sachem, 137. 

Murdo : Patrick, 267. 



Neale: Nathaniel, 114. 

Negro, Indian and Other Slaves : Duty on, 

516, 517, 520, 522, 523. 

Negroes: Servants, among the Indians, 
22.— Slaves, trading with, Sj, 81.— Bill 
concerning, 205, 206, 208.— Trial of, for 
murder, 227, 228, 229 —And other 
slaves to be deterred from committing 
murder and other offences. 439, 440- 
442, 445, 44S.— l.avin;; a dutv on, 516, 

517, 520, 522, 52^, 527, 532, 541. 
Newark : Petition from inhabitants of, 35, 

315, 316, 324, 325. 
New Barbadoes, Constable for, 110.— 
Court of Small Causes in, 183. 



Neversinkes: Demands of, under NichoUs' 
patent, 71-73. 

Nicholls (Xichalls) : Col. Richard, 28.— 
His patent, 71-74, 103, 104. 

Nichols : William, 3l5. 

Nicholson : Col. Francis, 330, 331, 332, 334. 
—Commended in the (Queen's letter of 
instruction, 33S.— Invited to take com- 
mand of the Jersey forces to be sent to 
Canada, 340.— Commission and in- 
struction to, 340, 341, 343, 344, 347.— Re- 
ferred to, 34t;, 347, ■X>0, 351, 355, 361. 302, 
364, 365, 366, 369, 478.— Address to, 
from Governor Ingoldsby, 352. 

Norris: Henry. 200, 274. 



Ogden : Benjamin. 137, 2:50, 432. 

Ogden : Jane, 60. 91. 

Ogden : John, 60, 91, 103. 

Ogden : Jonathan, 431. 

Ogden : Joseph. 60, 91. 

Ohwsilopp : Indian Sachem, 331, 

Oil mill. 210 

Ordinaries : Bill relating to, 108, 192, 197- 



198, 199, 200, 201, 202, 228, 230, 231, 326, 

32S. 
Original Concessions : Destruction of by 

fire, 152. 
Ormstone : Joseph, ,542, 551. 554. 
Osborne: Stephen, 103. 
Over and Terminer : Cotu-t of 200, 203. 



P. 



Paine: John, 308. 

Palmer : Capt. John. Member of the 
Governor's Council, 3.— In Council, 4, 
6, 8. 11, 13, 15, 17, IS, 20-28, 30, 33, 34, 
36, 43, 44, 46, 49-51, 57, 82, 84. 87, 88, 92, 
94, 96, 99, 100, 102, 103-108, 110, 111, 114, , 



117.— Justice of the Peace of the 
Quorum. 40, 41.— To look after the 
quit rents, 54. — Lands to, 55 — Mes- 
senger. 85, 87, 90, 92, 93, 96, 110.— Jus- 
tice of the Co\irt of Common Right. 
99, 142.— Petition of, 101, 102, 113.— Ue- 



INDEX. 



577 



ferred to, 103, 128, 129, 136— Ketired 
from the Council, 120. — Petitions 
Council, 123. 

Panthers : 315, 317, 323, 325, 329, 498, 499, 
501, 552, 

Pardon, 14. 

Parker : Elisha, 308, 314, 353, 371. 414-418.— 
In Council, 495, 496. 499, 502, 504, 505, 
507, 509, 511, 519, 521, 522, 524-528, 533, 
535, 536, 538, 539, 553, 55G, 557, 558, 561, 
563.— To refund certain moneys, 421. — 
Of a committee, 530, 531. 

Parker : John, Eleotcd Deputy, 143, 176.— 
Messenger, 181. 

Parker: Joseph, 34. — Justice of the Peace 
of Monmouth county. 41.— To hear 
cases in Courts for Small Causes, 48. — 
Member of Joint Committee, 63. — In 
behalf of the towns of Neversinks, 
72, 73. — Messenger, 93. — Commission 
as Captain, 116.— Dead, 155. 

Parkis : Benjamin, 34. — Justice of the 
Peace of Essex county, 40.— Justice of 
the Court of Common Right, 42.— To 
hear cases in Courts for Small Causes, 
48. — To prosecute Vicars and others, 
53. — Member of a Joint Committee of 
the Deputies and Council, 58, 63. — 
Messenger, 68, 77, 93.— In the matter 
of the Elizabethtown claims under 
the Nicholls patent, 74. — Justice of 
the Court of Common Right, 99. 

Patents for Laud : Book of entries of, 9. — 
Bill relating to, 109, 110, 113, 210, 256, 
257, 316. 317, 319, 325, 329. 

Pearce : John. 127, 137. 

Peartree : William, 343-346. 

Penn : William, Proprietor, in Council, 6, 
8, 11, 13, 15. 

Personal Rights : Liberty, 35, 259, 260, 262- 
265. 

Petty : William, 526. 

Phillips : Mr. 345 

Pierson : Isaac, 515. 

Pike : John, 194, 195, 197, 198, 199, 200, 202, 
203, 205, 206, 207, 210, 214, 226, 228, 229, 
231, 232, 237, 255, 257, 260, 261, 263, 264, 
265, 269, 270, 271,414, 416, 417. 

Pinhorne (Penhorn) : WilUam, 124.— Dep- 
uty, 143.— In Council, 246, 250, 251, 253- 
255, 257-259, 261, 263, 266, 277, 279, 281, 
293, 295, 296, 301-309, 312, 314-318, 320- 
322, 324-326, 328-330, 332, 333, 339, 340, 
349-351, 353, 354, 357, 359, 361, 362, 364, 
365, 369, 371, 373, 374, 377, 379, 383, 425, 
426, 428. 430-432, 434, 435, 438-442, 444, 
446, 447, 450, 451, 453, 455-457, 460, 462, 
463, 465-469, 472, 473, 475.— Of a com- 
mittee, 252, 258, 260. 263, 264, 319. 330, 
333, 340, 361, 371, 373, 435. 442, 443, 447, 
463, 454. 462, 464, 466-468, 476.— Messen- 
ger, 262, 374.— Referred to, 276, 277, 
305.— Oath of office, 295, 296.— Jurat, 
359. 

Pipe-Staves, 207, 208, 209, 220. 

Piracy and Pirates : Two prisoners guilty 



of, demanded, 241 , 253.— Bill concern- 
ing, 257, 258, 263, 264. 

Piscataway : Remonstrance from, in re- 
gard to the bounds of their township, 
57, 59. 

Plumstead : Clement, 283. 

Poll tax, 111, 113. 

Pomer, See Roiner. 

Poor : Bill for the relief of, 320-322, 328. 

Pope : John, 90. 

Pope : Maria, 87, 90. 

Portlock : Rev. Edward, 252. 

Ports : Opening of, 224, 228, 229, 230, 251. 

Post : Adrian, 131. 

Post-offices: 326-329. 

Pound, 113,186, 

Pounds : John, 139. 

Prew : Peter, 168. ♦ 

Price : Benjamin, Jr., 91, 274. 

Price (Pryce) : Benjamin. Member of the 
Governor's Council, 3. — In Council, 4, 
6. 8, 11, 13, 15, 17, 18, 20-28, 30, 33, 34, 36, 
43, 44, 46, 49-51, 57, 59, 64, 67, 69, 72, 75. 
78, 82, 84, 87, 92, 94, 96, 90, 100, 102, 105- 
108, lie, 111, 114, 117-120, 128, 125, 126, 
130, 132, 136, 139, 141, 143, 145, 147, 148, 
150-157, 160.— Petition for land, 19.— 
Justice of the Peace of the Quorum, 
40,41,— Land laid out for, 50.— Messen- 
ger, 81, 82, 84, 85, 110, 117, 146, 149, 150, 
151, 153, 154— Justice of the Court of 
Common Right, 99, 142.— Opinion of, 
101 —Claim for land. 111.— Made a 
member of Governor Lawrie's Council, 
120, 121— Complaint against, 242. 

Price : Thomas, 139. 

Prisoners : Bill for maintenance of, 153, 
156, 157. 

Privateers : Instructions relative to, 177.— 
Bill concerning, 257, 258. 

Proclamation of James, Duke of York, as 
King, 141— For a day of thanksgiving 
for the deliverance of the King from 
a horrid plot, 235.— Against drinking, 
swearing and Sabbath-breaking, 238. 
— Prohibiting subjects from entering 
the service of foreign princes, 242. — 
Forbidding tumultuous or seditious 
assemblies, 278.— For a general fast, 
360 —For the encouragement of vol- 
unteers. 364.— Of George, King of Eng- 
land, 556. 

Profane Swearing : Bill to punish, 35. 

Proprietors in England: Thanks, of the 
House of Deputies to, 188, 189, 201, 202. 
—Letter written to, by the Governor 
and Council, 225, 226.— Letter to the, 
245, 246, 276.— In the Western Division, 
estates of, 397, 399. 

Proprietors (Twenty-four) : Twenty-four 
thousand acres of land to be laid out 
for them, 49. 

Provost : David, 343, 345, S46. 

Public Debt, 43, 44, 45, 83, 117, 118, 119, 145, 
215. 

Pyles : William, Elected Deputy, 143. 



Q. 



Quakers, 363, 366, 367.— Enabling them to 
enjoy places of profit and trust, 433, 
435, 490-492. — Their solemn affirmation 
instead of an oath, to be taken as 
Jurors, 496, 498, 500, 505, 506, 541.— Peti- 
tion for the restoration of goods taken 
from, by virtue of an act for settling 
the militia, 546. 

Quarry : Robert, Member of Council, 301- 



. 306, 309, 311, 312, 314-318, 320-322, 324- 
326, 328, 329, 332, 333, 339, 340, 349-351, 
369, 371, 373, 374, 377, 379, 383, 425, 426, 
430, 431, 438-442, 444, 446, 453, 455-457, 
460, 462, 463, 473, 475.— Takes the oath 
of office, 310.— Of a committee, 318, 
319, 330, 369, 376, 377, 378. 451, 453-455, 
460. 
Quit rents, 54, 218, 223, 224. 



37 



578 



INDEX. 



R. 



Randal : Nathaniel Fitz, 275. 

Randolph : Edward, 238: 

Ranger's office, 117, ll'J, 168, 169. 260-262. 

Rapier: Thomas, 308, 320, 321, 325. 326. 

Rates: For Deputies, Clerks, .fee., 112.— 
Inhabitants to make, 159, 209, 210, 212, 
260, 263, 261. 

Rawford : David, 128. 

Reading: John, in Council, 483, 485, 487- 
402, 4'.m;, 497, 490, 502, 504, 505, 507, 509, 
511, 512, 515, 519, 521, 522, 524, 525, 527, 
528, 539, 510, 542, 513, 545, 547, 548, 550, 
553.— Of a committee, 497. 501, 512. 513, 
546.— Messenger, 502, 532, 546.— Com- 
< plained, 516.— To arrange Mr. Leeds' 
papers, 551. 

Records, Books and Papers : Inquiry con- 
cerning, 4, 5, 8, 9,— Abuses in, to be 
rectified, 19, 21, 23, 27, 43, 41.— Vicars' 
pretended entries vacated, 43.— Muti- 
iiition of, 35S, 361, 364.— Order con- 
"Cerning, 534. 

Red foxes, 498, 499, 501, 552. 

Regnier: Mr, 431, 432. 

Reid : John, 191-197, 199, 202, 203, 205, 219, 
220, 251, 258, 261, 445, 446. 457, 461, 498, 
506, 517, 533, 540, 544, .550.— Of a com- 
mittee, 206, 258, 262-264, 271, 272.— 
Takes the oath of office, 426. 

Renu : John, l;W. 

Renselaer : William. 343, 345, 346. 

Representatives : The qualifications of, 
315, 318, 323, :«5, 328, 399, 400, 403, 411. 
— See, also, Bills and Acts. 

Bes[carricks] : George, 331. 

Bevell : Thomas, in Council as a member, 
301-306, 432. 



Rhoads : Lady, 526. 

Rice : John, See Royse : John. 

Richards: Thomas, 196. 

Ridfoord (Ridford) : William, 137, 206, 
210. 

Rights of subjects, 2,^)9, 260, 262-265. 

Riot iu Bergen countv, 165. 

Roberts : John, 415, 418. 

Robinson : John, 22, 124. "" 

Romier (Pomer, Pomier) : Peter. 527, 532. 

Ropier: Thomas, 546. 

Rosse : George, 116. 

Royse (Rice, Rvce) : John, 102, 113, 116, 
123.— In Council, 188-191, 194, 199-203, 
239, 240-246, 250, 251, 253-255, 257-259, 
261, 263. 264, 266-268, 270-275.— Of a 
committee, 196, 203, 231. 263, 270.— 
Messenger, 218-220, 227, 228, 251, 252, 
256, 2,'.7. 260-262, 264, 268, 278.- Oath of 
office, 295, 296, 308.— In Assembly, 353. 
—Died, 414. 

Rudyard: Anne, 114. 

Rudyard : John, 496, 515. 

Rudyard : Margarett, 114. 

Rudyard : Thomas, Governor, appoints 
his Council, 3. — In Council, 4, 6, 8, 11, 
13, 15, 17, 18, 20, 28, .SO, 34, 36, 40-44, 46, 
49-51. 57, 59, 64, 67, 69, 72, 75, 78, 80, 82, 
81. 87, 88, 92, 04, 96, 99, 100, 105-108, 110, 
111, 114. 117-120, 123, 125, 126, 130.— 
Petitions for land. 114, 129.— Secretary 
of Council, 121.— Referred to. 125, 132. 
-Protest of, 130.— Removed to the 
Island of Barbadoes, 144. 

Rumsey : Robert, 385, 397. 

Ryce : John, See Royse : John 



Sabbath, See Lord's Day. 

Salter: Richard, 228, 231, 2:^2, 233. 

Saltonstall: Gordon, 311-344,316. 

Sandford : William, Member of Council, 
3, 120, 121.— In Council, 4. 6, 8, 11, 13, 
15, 17, 18, 20-27, 30, 33. 34, 36, 44, 49-51, 
67, 59, 64, 67, 69, 72, 75, 78, 82, 84, 88, 
99, 100, 102, 106, 106, 110, 111, 114, 117- 
120, 122, 123, 125, 136, 139, 141-143, 145, 
147, 118, 150-157, 160. 276, 277, 279, 281, 
293, 301-307, 312, 314, 316-318, 322, 324, 
330, 332, 333, 339.— His bond for pre- 
tended riot cancelled, 25.— Justice of 
the Peace of the Quorum, 40, 41.— At- 
tornej-'General, 42.— Bond returned to 
him, 57.— Of a committee, 63, 68, 339. 
Messeuser, 77, 81, 82, 85, 92, 115, 116, 
146, 2:^6, 354.— Justice of the Court of 
Common Right, 99, 142.— Opinion of, 
101. — Commissioned as Major, 116 — 
Petition of, relative to lands, 150.— 
Oath of office, 296.— Referred to, 426. 

Schools and Schoolmasters: Bill to estab- 
lish in every town in the Province, 
199 200 203 229. 

Schuyler (s'chyler) :' Aron, 331, 343, 345, 346. 

Schuyler : John, 345. 

Schuvler: Mindert, 346. 

Schuyler : Peter, Commission and instruc- 
tion to, 340.-TO command the Indians, 
341, 313, 349.— Eldest Colonel of two 
regiments, 346. 



Scott : James, 170. 

Scott : George, 170. 

Sebring : Cornelius, 345. 

Servants: White, a bill to regulate, 527, 
530,535.536,541. 

Servants : Fugitive, a bill against, 31, 33, 
157, 169. 

Sharp : Hugh, 308, 320. 466, 544. 

Sharp : Isaac, 384, 388, 399, 426, 433, 457, 479, 
485, 498, 501, 506, 507. 

Sheep : 212. 

Sherifts : Constituted for the Province, 10, 
12.— Appointments of, 24, 40, 41.— Re- 
lating to the salary of, 81 — -Bill to 
punish such as refuse to accept the 
office of, 87, 88, 89, 91).— Penalty for 
remaining above one year in the office 
of, also for refusing to hold the office, 
163, 164— Governor requested to be 
more careful in the selection of, 211. — 
Not allowed to plead as attorneys, 208, 
209, 211.— To give security, 313, 314. 

Ship-building : An act to encourage, 433, 
442, 446, 449, 450, 463. 

Ships, Vessels, &c. : Dispatch, 243, 244.— 
Hester, 244, 245, 263. 

Shottwell : Abraham, 58. 

Shottwell : John, 51. 58. 

Shrevs : Robert, 60. 

Silver monev, 149, 161. 162. 

Slater (Slaughter) : Edward, 16, 23, 25, 34. 
—Justice of the Peace of Middlesex 



INDEX. 



579 



county, 40.— To hear cases in Courts 
for Small Causes, 48. — Remonstrance 
from the town of Piscataway, 57, 59.— 
Of a committee, 58, 63, 94.— Petition 
for lands, 87.— Referred to, 103, 110. 

Slaves, 82, 84, 504, 505, 514, 516, 517, 520, 
522, 523, 524, 527, 532, 541. 

Slocomb : John, 116, 117. 

Slooby : William, 397. 

Smally : Isaac, Elected Deputy, 143.— Mes- 
senger, 145. 

Smith : Daniel, 546. 

Smith : Michael, Appointed Sheriff of 
Bergen county, 24, 41. 

Smith : Richard, 546. 

Smith : Samuel, 384, 516. 

Smuton : Isaac, 114. 

Solman: John, 345. 

Somers : Mr., 357, 358, 361. 

Somerset County : Erection of, 183.— Bill 
concerning, 219.— Settling the bound- 
aries of. 518, 520, 548. 

Sommers (Somers) : John, 318, 319, 325, 326, 
496, 509, 510.— Note on, 357. 

Sonimans : Arent, 124. 

Sonmans: Peter, 283.— In Council, 307- 
309, 311, 312, 314-318, 320-322, 324-326, 
328-330, 332, 333, 339, 340, 350, 351, 353, 
354, 357, 359, 360, 362, 364, 365, 369, 371, 
373, 374, 377, 379, 383, 384, 387, 388, 391- 



394, 396, 398, 401, 402, 405, 407, 409-411, 
413, 420, 421, 423-426, 428, 431, 432, 434, 
435, 438-442, 444, 446, 447, 450, 451, 453, 
456, 457, 460, 462, 403, 465-467, 469, 472- 
476, 480-481.— Of a committee. 330, 333, 
360, 376-378, 400, 403, 404, 405, 411, 413, 
416, 422, 435, 445, 457.— Introduces a 
bill, 419, 420, 433 —Inquisition against 
542, 551.— Indicted, 558, 559. 

Spicer : Jacob, 399, 415, 418, 426. 

Steinmets : Caspar, 273. 

Stinmates (Steinmets) : Johannes, 273. — 
Notice of, 273. 

Stivers : Robert, 91. 

Strong drink : To prevent the sale of by 
retail, 503. 504, 512. 

Suits : Vexatious, act to prevent, 112. 

Sundav, See Lord's Day. 

Supreme Court, 303, 314, 316, 317, 440, 442, 
445, 540. 

Sutton : William, 134. 

Swine : Bill for the orderly keeping of, 51, 
52, 61, 107, 108, 109, 152, 153, 314-317, 
319, 321, 325, 329, 393, 394, 395, 396, 398, 
410, 425, 498, 499, 501, 548. 

Swords, Daggers, Pistols, &c. : Wearing of, 
prohibited, 156, 165. 

Syms : Lancaster, 421. 

Symes : Martha, 29. 



T. 



Tatham : Elizabeth, 432, 

Tatham : John, 241, 432. 

Taxes: To prevent raising of, by act of 
Assembly, 90. — Poll, for the Governor, 
charged, 111, 113.— On lands of Pro- 
prietors, 184.— To try felons, 231.— Ar- 
rearages of, 547, 549, 550. 
-Taylor : Matthew, 124. 

Taylor: Dr. William, 123. 

Tebo : A., 128. 

Terhorne : Albert. 230. 

Thanksgiving, 235. 

Throckmorton : Job, 210, 212. 

Throgmorton : John, Justice of the Peace 
of Monmouth county, 41. — To hear 
cases in Courts for Small Causes, 48. — 
Elected Deputy, 176.— Messenger, 206. 

Tilton : Peter, to hear cases in Courts for 
Small Causes, 48. 

Timber : Destruction of, 113, 461, 463, 534, 
535, 537, 541. 

Tippling, 108, 227. 

Toe : John, 18. 

Toures : Clais Arentson, 117, 119. 

Towneley : Effingham, 510. 

Townely (Townly) : Richard, Justice of 
the Court of Common Right, 142.— A 
member of Council, 161, 311, 330, 332, 
:«3.— In Council, 161, 165, 170-175, 177, 
179-182, 184, 18j, 187, 339, 349-351, 353, 



354, 357, 359, 360, 362, 364, 365, 425, 426, 
428, 430-432, 434, 435, 438-442, 444, 446, 
447, 451, 453, 455, 457, 460, 463, 465, 467, 
468, 472, 473, 475.— Commissioned as 
Captain, 172. —To confer with the 
Deputies, 178.— Messenger, 186.— Of a 
committee, 333, 351, 360, 435, 453, 462, 
464. 467. 

Town Clerks: Rates for, 112. — How chosen, 
162, 163. 

Town meetings, 209, 210, 212, 228. 

Towns : Rates and taxes, 52, 61, 63, 159, 260, 
263, 264.— Defraying charges, 219. 

Townships: Counties to be divided into, 
191, 200, 201, 

Townsend : John, 315. 

Trade of the Province, 205, 206, 207, 209, 
210, 252. 

Trained bands, 75, 76. 

Travis : Robert, 96. 

Treat: John, 217, 222, 260,261, 270, 271, 311, 
326, 353. 361, 380, 426. 

Trotwell :, See Pretwell. 

Tunison: Hendricke, 131. 

Tunison: John, 132, 426, 450. 

Tunison : Vorther, 131. 

Tutle (Tutell) : Nathaniel, 133, 136. 

Tyler : Justice, 116. 

Tyson : Peter, 131. 



Van Boskirk (Vanbuskirk) : Andrew, 426, 

491, 504. 
Van Brunt : 345. 
Vandam : Rip, 343, 345, 346. 
Vanderbinks : Ruloft, 116. 
Vanderlinde : Rowley, 165. 
Van home, 345 
Van Imberg : Johannes, 210. 



Vannest (Vannesse, Van Este) : Peter, 261, 
268, 270. 

Van Renslaer, 345. 

Vanquellin : Robert. 10, 11, 13, 14. 16, 18.— 
To be disenabled from holding public 
office, 20, 21,— Complained against by 
Edward t'ox, 29.— Ordered to be ar- 
rested bv the High Sheriff, 32.— Com- 



680 



INDEX. 



plained agaiusi by William Johnson, 
i3 — His surveys demanded, 36.— His 
controversy with Edward Fox, 36 — 
Land laid'out by him for Benjamin 
Price, 50 —Presented to the Grand In 
ijuest, 53. — Process against, 59.— Refer- 
red to, 124. 

Vaughan, Jr. : John, 511, 569, 563. 

Vetch : Col. Samuel. 330, 331, 332, 334, 335, 
342, 343, 346, 34S, 350, 354, 364, 365, 366, 
369. 

Vickers (Vickars, Vicars) : Capt. Robert, 
Secretary, 4, 5, 8-11, 14, 15, 16, 18, 20, 



23. 27, 28. — Committed to the common 
jail, 29.— Gives bonds, 30. —His pre- 
tended entries vacated, 43.— Presented 
to the Grand Inquest, 53.— Process 
against, 59.— In relation to the Gov- 
ernor'.s house, 99, 100.— Referred' to, 
135. 

Vohirty : Abraham, Justice of the Peace 
of Bergen county, 41. 

Volken : , 510. 

Volunteers, 357, 364, 373, 374, 381, 382, 479- 
481. 

Von Elt : Peter, 509. 



W. 



Wade: Benjamin, 127, 128. 

Walker: Samuel, 257, 268, 260, 261. 262, 
203, 264, 270, 271.— In Council as a 
member, 301-306. 

Ward : St. John, Justice of the Peace of 
Essex county, 40.— Justice of the Court 
of Common Right, 99, 121.— Appointed 
Lieulcuant, 116 

Warden (Wardnll) : Eleakin, Api>ointed 
Sheritt' of Monmouth county, 98.— 
Elected Deputy, 176. 

Warnc: Thomas, Proprietor in Council, 
51, 57, 59, 67, 69, 72, 78, 96, lOit. 241-246, 
251,253, 266-268, 270-27r).— To view cer- 
tain lands, 76.— Justice of the Court of 
Common Right, 99, 121.— Opinion of, 
101.— Petitions, 132.— Not admiMed as 
a member of the House, 236, 237.— Of a 
committee, 262, 270— Messenger, 269, 
270, 271.— Signs petition against Wm. 
Dockwra, 292. 

Warrants : Record of, 5. 

Warren : John, Marshall of the Court of 
Common Right, 42. 

Watson : Luke. 103. 

Webster : Thomas, 242. 

Wequalia (Weequohela, Weec|uehela) ; An 
Indian King, 331. 350.— Notice of, 331. 

Weights and measures, 192, 203. 

Wells: Philip, Deputy Surveyor, 105, 111. 

Wenham : Thomas, 343, 345. 

West Jersey Society : Books of, taken by 
Lord Cornbury, to be delivered to Col. 
Lewis Morris, 507. 

Wheat : Duty laid upon, 535-538, 541. 
- Wheler : Robert, 311, 426, 457, 461, 535.— 
Notice of, 311. 

White: John, 102, 113, 116, 123.— Elected 
Deputy, 176.— Messenger, 179, 180, 185, 
198, 202, 203, 252, 302, 304.— Of a com- 
mittee, 194. 



Whitelocke : Thomas, 134. 

Williams: John, 229, 231. 256. 271. 

Willis ; George, 376, 378, 408, 423, 487, 502, 
507, 527. 

Willocks (Willox) : George, 170, 217, 243. 
244. 251. 2.55, 256, 2S8, 260, 261, 262.— 
Ordered before the Council, 266. 267.— 
Letter from, to the Council, 269, 270, 
271.— To be tried in the Court of Com- 
mon Right, 276 — lixhibits au informa- 
ti(m against Wm. Dockwra, 279, 283.— 
Administrator, 496, 509.— Petition of, 
.542, 551, 5.57.— Deposition of, 554. 

Wilson : Ebonezer, 345. 

Wilson: Sanuiel, Justice of the Peace of 
Essex county, 40.— Appointed Justice 
of the Court of Common Right, 48, 

Wilson : Peter, Justice of the Peace of 
Monmouth county, 41. 

Winder : Charles, 496^ 509. 

Windor (Winder): Samuel, 9, 5si, 104, 123. 
, — A member of Council, 161. — In 
Council, 161, 162, 16.8-171, 174, 175, 177, 
179-182, 184, 185, 187.- Messenger, 169, 
182, 186.— Attorney-General, 170.— Of a 
committee, 173-185. 

Wise (Wyse): Capt. Richard, 244, 263. 

Wood, Boards, i?hingles, &c.,See Lumber. 

Wood : Jonas, 123, 206. 

Wood : Josias, 206. 

Woodbridge: Corporation of, to select 
their militia officers, 116.— Riot at, 270. 
—Robbing of the King's store at, 275. 
—Petition of, 427. 

Woodrufl', Sr. : John, 116. 

Woolves, 61, 63, lOS, 191, 228, 315. 317, 323, 
325, ■A29, 498, 499, 501, 552. 

Woolstone : John, 526. 

Worship : To oblige all persons to engage 
in, 37. 

Wyatt : Bartholomew, 426, 428. 



Y. 



Young : Thomas, 42, 139. 



^.Mf 



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